Email marketing is a great tool for any business, but law firms need to wield this tool carefully. You obviously want to stay top-of-mind for your clients and prospects, but when you’re required to stay within the ethical lines set by the American Bar Association (ABA) and state bars, email marketing requires a delicate balancing act.
Ultimately, what you’re looking for is an email campaign that informs and engages without overpromising, making misleading statements, or overstepping compliance.
If you’re looking for help striking that specific balance, here are some dos and don’ts to guide you in the right direction.
DO Focus on Value over Volume
You don’t need to spam people’s inboxes to make an impact. What matters more than anything is relevance.
Provide useful updates on recent law changes (especially those most relevant to your readers), practical advice for businesses or individuals, and insights on trending topics. The goal isn’t to shock, scare or even be aggressive — it’s to make your readers more informed and better prepared.
As far as frequency is concerned? Monthly or even quarterly newsletters will be enough for most law firms. If your email services provider allows you to offer different send frequencies, pass that option along to your readers. It’s best to let your subscribers control how often they hear from you. Respect builds trust.
DON’T Treat Emails Like Advertisements
The ABA’s Model Rules of Professional Conduct outline, among other things, some of the rules concerning contacting clients.
Rule 7.1, for instance, is a simple provision that requires lawyers not to make false or misleading communications. And Rule 7.2 provides broad permission to inform people about their services through any type of media, but it places strict restrictions on compensated recommendations. It also sets the rules under which a lawyer can call themselves a specialist.
Rule 7.3 governs solicitation of clients, specifically “live” person-to-person communications. And it’s there (in the commentary) where the ABA actually points to more broad-based methods of informing people of their services (emphasis ours):
“The potential for overreaching inherent in live person-to-person contact justifies its prohibition, since lawyers have alternative means of conveying necessary information. In particular, communications can be mailed or transmitted by email or other electronic means that do not violate other laws. These forms of communications make it possible for the public to be informed about the need for legal services, and about the qualifications of available lawyers and law firms, without subjecting the public to live person-to-person persuasion that may overwhelm a person’s judgment.”
In general, though, you’d do well to mind some of the other parameters of Rule 7.3, including avoiding language that could be perceived as coercive, misleading or overly self-promotional. Skip phrases like “Guaranteed results” or “We can win your case.” Instead, focus on educating readers about their options and how your firm helps clients navigate complex issues.
When in doubt, err on the side of professionalism and transparency. Aim for “informative newsletter” rather than “sales pitch.”
DO Include Required Disclaimers and Contact Information
Compliance doesn’t stop at tone. The ABA and most state bars require clear disclosure when a communication could be considered an advertisement. This may include labeling the message as “Attorney Advertising” and listing the responsible attorney or office.
Always include:
- The firm’s full name and physical address
- A simple way to unsubscribe
- Any disclaimers required by your jurisdiction
A good rule of thumb: If you’re emailing someone you haven’t represented before, just assume it needs a disclaimer.
DON’T Share Case Details or Client Information
Confidentiality in law is non-negotiable. Never use client names, case details or outcomes in your marketing emails unless you have explicit written consent. Even anonymized examples can backfire if the situation is recognizable.
Instead, use generalized case studies or hypothetical scenarios to illustrate your expertise. “Here’s how businesses can prepare for contract disputes” sounds both safe and insightful.
DO Segment and Personalize Thoughtfully
Email marketing platforms make it easy to personalize, but for law firms, personalization must be handled with care. Segment your audience by practice area or client type like corporate, estate planning, family law, etc., so each message feels relevant to the person who receives it.
But remember: Relevance shouldn’t cross over into inference. Avoid implying that you know sensitive information about someone’s legal situation unless they’ve volunteered it. “You may be facing a divorce” is invasive; “Here’s what to know before filing for divorce in your state” is educational.
DON’T Ignore Accessibility and Professionalism
Emails riddled with broken links, small fonts, or walls of text don’t inspire confidence. Keep formatting clean, mobile-friendly, and scannable. Write in plain English. Complex legalese doesn’t make you sound smarter — it just makes readers stop reading.
Also, proofread meticulously. Typos and inconsistent branding can undermine credibility faster than you think.
DO Check State Bar Rules Before You Hit Send
Every state has its own take on what counts as solicitation or advertisement. While their guidance might mirror the ABA’s, it might not. Some require pre-approval of marketing materials while others have disclosure wording requirements. Use the ABA’s Model Rules of Professional Conduct as a starting point, but always confirm your specific obligations with your state bar.
When in doubt, it’s better to check twice than risk a compliance issue that could damage both your reputation and your license.
Think Before You Hit Send!
Done correctly, email marketing can be one of the most effective tools in a law firm’s communication strategy. Done incorrectly, it can put more than your reputation on the line.
Don’t leave it to chance! Let Mischa Communications help you craft compliant messaging that turns every email into an opportunity to inform, engage, and build client confidence. Get started here.