"Lights…Camera…Not So Fast.” Alabama's Updated Lawyer Advertising Rules

After years of study and review, the Alabama Supreme Court has issued an order adopting amendments to the Alabama Rules of Professional Conduct relating to attorney advertising. The stated goals of the revised rules are to protect the citizens of Alabama and modernize the rules to apply to the emerging social media and online advertising landscape. While the changes have been characterized as significant and comprehensive, it remains to be seen what effect they will have.

The rules apply not only to Alabama lawyers but also lawyers not licensed in the state but who solicit clients here. Every lawyer should read the new rules in their entirety. The following is a summary of some, but by no means all, of the updated rules:

• Truthful statements in advertisements may be misleading if they omit necessary facts

• Lawyers not admitted in Alabama must disclose to prospective clients that they aren't licensed here

• Lawyers don't have to submit ads to the ASB within 3 days of dissemination, but now must maintain a copy for 6 years

• A lawyer who doesn't have a "bona fide" office in Alabama must disclose that fact

• One of the biggest changes: the general disclaimer requirement no longer exists. A few shorter, specific disclaimers have been added. All disclaimers must be legible and easy to see or hear. This means no teeny, tiny font and no sped-up audio.

• No actors as main characters in ads

• Advertised results must be “objectively verifiable” and not the result of a default judgment or similar uncontested matter

• Short form ads must conform to the one-click rule so that a reader can see the applicable disclaimer when they click on the short form ad

• Lawyers can send letters or emails (but NOT texts or other live, in-person or real-time communications) to injury victims, but only 21 days or later after the accident. All letters, whether to injury victims or potential parties in other types of cases, must include the word ADVERTISEMENT in a contrasting color from other printed words.

There are additional disclaimers, so READ THE RULES.

The new rules take effect January 1, 2026. Call or email the State Bar Office of General Counsel with specific questions for guidance to ensure compliance: 334-269-1515 or advertising@alabar.org.

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About the Author

Sharon Stuart, President & Claims Counsel

Attorneys Insurance Mutual of the South

Sharon D. Stuart devotes her practice to civil trial work and arbitration, leads the way for our insurance company, and advises on numerous boards, committees, and associations.