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<\/p>\n\t\t\t\tUnderstanding Changes to New York State Lawyer Advertising Rules<\/p>\n
9.8.2026<\/p>\n
By Jennifer Andrus <\/p>\n
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A recent update to Article 7 of New York\u2019s Rules of Professional Conduct<\/a> provides new guidance on lawyer advertising, client solicitation, and specialized areas of practice. A recent program, \u201cEthical Marketing of Your Law Practice: Understanding New York\u2019s New Rules on Lawyer Advertising,\u201d sponsored by the New York State Bar Association, outlined the updates. The one-credit course is free for members and available on-demand.<\/a><\/p>\n The judicial departments of the New York State Supreme Court, Appellate Division, adopted sweeping changes that took effect on June 1. The new rules eliminate many detailed regulations and provide a simpler, principle-based approach to advertising and marketing.<\/p>\n \u201cThe updated rules cut away a lot of the old garbage and try to bring New York\u2019s rules closely in alignment with the ABA rules that were adopted in 2018,\u201d said presenter and attorney Clifford Ennico. \u201cThese changes make it much easier for lawyers in New York State to market aggressively without fear.\u201d<\/p>\n Rule 7, which formerly applied to advertising, now applies to all legal practice communications. It states simply that false or misleading communications are prohibited.<\/p>\n Tyler Maulsby, deputy managing partner at Frankfurt Kurnit Klein and Selz, says the rewrite includes new media and the varied ways lawyers communicate with clients and the public.<\/p>\n \u201cRule 7.1 says you can use advertising services through any media. When using social media like Instagram, there are size and character limitations where you can\u2019t write the word \u2018advertising,\u2019\u201d he said, adding, \u201cYou no longer have to put the words \u2018attorney advertising\u2019 on everything you send your clients.\u201d<\/p>\n Section 7.2 is largely unchanged in recognizing the distinction between paying for advertising and paying for recommendations. Both presenters agree that any testimonials used require that the person gives permission to use their name, image and likeness. Any communication must still include the name of an attorney or the firm including a phone number, physical address or web address that a prospective client can use to reach you.<\/p>\n Rule 7.3 governing the use of solicitations is simplified, focusing on the method of solicitation to prohibit coercive or pressure tactics.<\/p>\n \u201cExamples of prohibitive solicitation are cold calling, going door to door, which were drafted years ago to prohibit people from being pressured in person to hire an attorney,\u201d said Maulsby. \u201cThe rule offers an exception allowing communications with other lawyers and existing clients. Can I call another lawyer and pitch for business? Yes, you can solicit other lawyers all you want.\u201d<\/p>\n No Blackout Dates for Personal Injury <\/p>\n A significant change to Rule 7.3 eliminates a separate 30-day or 15-day blackout period applicable to personal injury or wrongful death solicitations. Instead, personal injury lawyers are now governed by the same general solicitation standards that apply to any other attorney. \u00a0The rule change does not mean that aggressive solicitation is unrestricted. Live person to person solicitation for pecuniary gain is still prohibited.<\/p>\n Rule 7.4 in the code is eliminated but the practice of listing a specialization in your advertising is still regulated.<\/p>\n \u201cThe new 7.1(c) says that you cannot hold yourself out as a certified specialist unless there is an accredited certification. It is generally permissible for a lawyer to state that they concentrate in or are a specialist in a particular field,\u201d said Maulsby. \u201cThese communications are still covered under rules that prohibit making misleading statements.\u201d<\/p>\n Ennico agreed but offered advise on avoiding the term specialize all together.<\/p>\n \u201cI would prefer you not use the word specialist, but use \u2018focuses on or practice is limited to\u2019 in your communications. The term \u2018specialize\u2019 carries weight. Make sure the claim can be substantiated,\u201d he said.<\/p>\n