An attorney advertising disclaimer is the label, notice or qualifying statement a state advertising rule or ethics opinion requires or describes for a law firm's ads and website, set by the state you are licensed in.

The rule stack underneath, from Bates v. State Bar of Arizona through Model Rules 7.1 to 7.3, is covered in lawyer advertising rules; this page stays on disclaimers.

What a lawyer advertising disclaimer has to fix

The gap a disclaimer fills comes from Comment [2] to ABA Model Rule 7.1: even a truthful statement misleads when it omits a necessary fact, creates a substantial likelihood of an unfounded specific conclusion, or implies the reader must act when none is required, and supplying the omitted fact is what results, testimonial and award disclaimers do.

The other baseline is Model Rule 7.2(d): every communication about a lawyer's services must carry the name and contact information of at least one lawyer or law firm responsible for its content, updated in 2018 from "office address" to "contact information" for online advertising.

States add their own: California Rule 7.2(c) and Business and Professions Code section 6157.2(b), as amended effective Jan 1, 2026, require a responsible lawyer's or firm's name plus a bona fide office city, town or county or an address of record; Texas Rule 7.02(a) and (c) require the responsible lawyer, the primary practice location and, on contingent fees, a statement about other expenses such as litigation costs.

Attorney advertising disclaimer examples from state rules

New Jersey dictates the most wording of the states covered here.

New Jersey: comparisons and awards

Rule 7.1(a)(3) requires a named comparing organization, a substantiated basis and the readily discernible disclaimer "No aspect of this advertisement has been approved by the Supreme Court of New Jersey," and a May 5, 2021 Committee on Attorney Advertising notice requires a methodology description, the issuing organization's name and that disclaimer in proximity to every award badge or logo.

New Jersey: testimonials

Under Opinion 49 (Sept 30, 2025), a testimonial referring to past performance carries "Results may vary depending on your particular facts and legal circumstances" conspicuously, and comparative words like "the best" come out.

Florida: testimonials and referrals

Rule 4-7.13(b)(9) treats a testimonial as deceptive without the disclaimer that the prospective client may not obtain the same or similar results; the comment to Rule 4-7.12 supplies the sample line "Your case may be referred to another lawyer."

South Dakota, Missouri, Montana

Per the ABA's July 2022 variations chart, South Dakota requires testimonial wording substantively similar to "This testimonial or endorsement does not constitute a guaranty, warranty, or prediction regarding the outcome of your legal matter," and Missouri and Montana require a "past results afford no guarantee" statement when results are advertised.

When the "Advertising Material" label is still required

The Model Rule dropped its label in 2018, deleting the "advertising material" designation for targeted written solicitations after the ABA ethics committee found no evidence unmarked mail harmed consumers; state rules still control.

New York's label is the one older guidance still describes: old Rule 7.1(f) required "Attorney Advertising" on most ads other than radio, TV and billboards, and the June 1, 2026 amendments eliminated it, leaving no labeling requirement in Rule 7.1 or 7.3.

Markings survive on targeted solicitations, each under its own state text:

  • California Rule 7.3(c): targeted written, recorded or electronic solicitations must say "Advertisement" or similar words on the envelope and at the beginning and end of recorded or electronic messages.
  • Florida Rule 4-7.18(b)(2): direct written solicitations are marked "advertisement," email subject lines begin with "Advertisement," and a solicitation prompted by a specific event must say how the lawyer got the information.
  • Texas Comment 10 to Rule 7.03: "ADVERTISEMENT" in 3/8-inch bold capitals on the envelope and first page, an email subject line beginning with it, or it as a text or social message's first word creates a rebuttable presumption of proper marking.
  • New Jersey RPC 7.3(b)(5): a targeted solicitation goes by regular-mail letter only, with "ADVERTISEMENT" on the first page and envelope and a notice on reporting the letter to the Committee on Attorney Advertising.

These marking rules attach to targeted solicitations, not to communications directed at the general public.

Law firm website disclaimers

ABA Formal Opinion 10-457 (August 2010) says lawyers may post accurate general legal information and recommends warning visitors that it is general and not a substitute for personal legal advice, because answering fact-specific questions starts to look like giving advice.

The same opinion sets the test: a disclaimer limits a lawyer's obligations only when it is understandable, properly placed and not misleading, in the site's language, conspicuous enough to be seen before a visitor proceeds, and not undercut by the lawyer's contrary conduct.

The duties a website takes on beyond disclaimers, from contact forms to the prospective-client question, are in law firm website ethics.

Past results: what a disclaimer can and cannot do

Comment [3] to Model Rule 7.1 says truthful reports of past results can mislead when they lead a reasonable person to expect the same result without regard to each case's facts, and that an appropriate disclaimer "may preclude" that finding.

"May preclude" is as far as the Model Rule goes: no prescribed wording and no promised outcome.

New York dropped its required "Prior results do not guarantee a similar outcome" statement on June 1, 2026 while keeping Comment [3], with NYSBA's commentary saying lawyers "may want to consider" keeping it, and California's Comment [4] to Rule 7.1 similarly says a disclaimer "often avoids" creating unjustified expectations.

The state-by-state detail on results claims is in past results advertising rules.

A disclaimer audit for your ads and site

  • The responsible lawyer's or firm's name and contact information appears on every ad and page, per Rule 7.2(d) and your state's version.
  • Results, testimonials and awards carry the wording your state requires, next to the claim.
  • Targeted solicitations carry the marking your state specifies, in its format, such as Texas's 3/8-inch bold capitals.
  • Video and audio disclaimers are easy to hear or shown large enough and long enough to read, as Texas Comment 6 to Rule 7.01 requires.
  • The website warning is understandable, in the site's language and seen before a visitor acts, per Formal Opinion 10-457.

The versions above are snapshots as of October 2026, and each state's adopted text controls.

Before your next ad or landing page ships, confirm what your state requires with your state bar's ethics counsel or an ethics lawyer.

Frequently asked questions

Was it ever illegal for attorneys to advertise?

In Bates v. State Bar of Arizona (1977), the U.S. Supreme Court held that a blanket ban on attorney advertising violated the First Amendment, in a case about a newspaper ad listing fees for routine services. Commercial speech gets limited protection, which is why states still regulate misleading ads.

Does New York still require the Attorney Advertising label?

No. Old Rule 7.1(f) required most ads to carry the label, and the amendments effective June 1, 2026 eliminated the requirement; the amended Rule 7.1 contains no labeling requirement, and New York does not prohibit the label either.

What disclaimer does New Jersey require on award badges like Super Lawyers?

Per the Committee on Attorney Advertising's May 5, 2021 Notice to the Bar, every reference to a comparative award, badge or logo carries three things in proximity to it: a description of the methodology, the issuing organization's name, and the statement that no aspect of the advertisement has been approved by the Supreme Court of New Jersey. For a superlative list name like Super Lawyers, the notice says ads may state only that the lawyer was included in the list.

What disclaimer do testimonials need in Florida?

Rule 4-7.13(b)(9) treats a testimonial as deceptive if it lacks the disclaimer that the prospective client may not obtain the same or similar results. The rule sets no exact wording, so there is no single required sentence to copy.

What should a law firm website disclaimer say?

ABA Formal Opinion 10-457 (August 2010) recommends warning visitors that general legal information on the site is not a substitute for personal legal advice, and says a disclaimer limits a lawyer's obligations only if it is understandable, properly placed and not misleading. State opinions the ABA footnoted show disclaimers failing when they confused no attorney-client relationship with no confidentiality. The broader duties a website takes on are in our guide to law firm website ethics.

Do New York lawyers still need the prior results disclaimer?

The required statement Prior results do not guarantee a similar outcome was eliminated effective June 1, 2026. NYSBA's commentary on the amendments says lawyers may want to consider keeping it anyway, and Comment [3] still says an appropriate disclaimer may preclude a finding that a statement creates unjustified expectations.