BIRMINGHAM, Ala. — The Alabama Supreme Court has adopted new rules to clamp down on misleading lawyer advertising, responding to growing concerns that aggressive marketing tactics are confusing consumers and eroding public trust in the legal profession.
The decision, handed down Wednesday, comes after years of complaints about television, radio, and billboard ads featuring attorneys making bold promises and eye-popping claims. The new rules require that attorneys featured in ads be licensed in Alabama, prohibit misleading statements about verdicts and settlements, and mandate disclosure of whether the lawyer will personally handle the case.
Lawyer advertising was once strictly prohibited nationwide, including in Alabama, until a 1977 U.S. Supreme Court decision (Bates v. State Bar of Arizona) ruled that such bans violated free speech. Since then, legal ads have become a fixture on Alabama airwaves, with some attorneys using slogans, mascots, and even actors to attract clients.
Some of the most notorious examples in recent years have included lawyers touting massive settlements without context, or out-of-state attorneys advertising as if they were local. One ad, which aired in multiple Alabama markets, showed a lawyer in a superhero costume promising to “fight for every dollar,” while another featured a non-Alabama attorney guaranteeing to “win big or you don’t pay.”
The Alabama State Bar and consumer advocates have argued that such ads can mislead vulnerable people seeking legal help, especially when attorneys exaggerate their experience or results. The new rules aim to restore transparency and ensure that Alabamians know who is actually representing them.
The court’s action reflects a broader national movement as states grapple with the explosion of legal advertising in the digital age. Attorneys who violate the new standards could face disciplinary action, including suspension or disbarment.