What ABA Model Rule 7.1 and Your State Bar Actually Require for Website Testimonials and Settlement Disclosures

Personal injury lawyer websites operate under three overlapping regulatory frameworks. Understanding each layer prevents the compliance gaps that trigger bar complaints.

ABA Model Rule 7.1: The Foundation

Model Rule 7.1 states that a lawyer 'shall not make a false or misleading communication about the lawyer or the lawyer's services.' The Comments clarify that truthful statements can still be misleading if they 'create unjustified expectations' or compare services without factual basis.

For personal injury firms, this means a $2.5 million settlement result is technically true but potentially misleading without context about case type, injuries involved, and the atypical nature of that outcome.

State Bar Advertising Rules: Where Requirements Diverge

States adopt the Model Rules but frequently add requirements. Florida Rule 4-7.13 requires specific disclaimer language. Texas Rule 7.02 mandates 'conspicuous' placement. California Rule 7.1 addresses testimonials with its own standards. New York requires pre-approval of certain advertising materials.

This is educational content — verify your state's current rules with your licensing authority, as regulations update frequently.

FTC Endorsement Guides: The Overlooked Layer

The FTC's Guides Concerning Endorsements apply when testimonials could influence consumer decisions. Even unpaid client testimonials on attorney websites fall under these rules. Required disclosures include any material connection between the reviewer and firm, incentives offered for reviews, and whether results are typical.

Many firms focus exclusively on bar rules and miss FTC requirements, creating compliance gaps that could surface in either regulatory context.

Testimonial rules vary dramatically by jurisdiction. Some states allow testimonials with disclaimers. Others restrict or prohibit certain formats entirely.

States with Specific Testimonial Disclaimer Requirements

Florida requires: 'The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.'

Texas mandates disclaimers be 'conspicuously placed' and include language that past results don't guarantee future outcomes.

New York requires that attorney advertising containing testimonials include the disclaimer: 'Prior results do not guarantee a similar outcome.'

States with Heightened Restrictions

Some jurisdictions go further. Certain states prohibit endorsements that imply the endorser's experience is typical without substantiation. Others require firms to maintain documentation supporting any claims made in testimonials.

In our experience working with personal injury firms, the most common compliance gap occurs when firms use testimonial formats that comply with their home state but appear on websites accessible in stricter jurisdictions. If you accept clients from multiple states, your website may need to meet the most restrictive applicable standard.

Video Testimonial Specific Requirements

Video testimonials present unique challenges. Text disclaimers below an embedded video often don't satisfy 'clear and conspicuous' requirements. Best practice includes an on-screen text overlay, verbal disclaimer within the video, or both. Some states specifically address video format requirements in their advertising rules.

Settlement and verdict amounts are powerful trust signals — but they're also the most regulated element of personal injury marketing.

The 'Unjustified Expectations' Standard

ABA Model Rule 7.1 Comment 3 specifically addresses this: communications that 'omit a material fact' or 'contain a material misrepresentation' can mislead even when technically accurate. A $5 million settlement featured prominently without context about the catastrophic injuries and years of litigation creates expectations most prospective clients will never realize.

Required Context for Settlement Displays

When displaying settlement amounts, include:

• Case type and injury severity — 'Traumatic brain injury from commercial truck collision'
• Outcome timing — whether settlement was pre-trial, post-trial, or after appeal
• Clear disclaimer — that this result doesn't predict outcomes in other cases
• Representative range — many bar associations prefer showing a range of outcomes rather than cherry-picked maximums

States That Restrict Settlement Disclosures

Some jurisdictions prohibit specific dollar amounts in advertising entirely. Others require maintaining documentation substantiating any displayed results for a specified period. Before featuring settlement amounts, verify your state's specific rules and consider whether your display format could apply in other jurisdictions where you might accept cases.

This represents general guidance — state bar regulations change, and your specific situation may require review by a legal advertising compliance specialist.

These templates provide starting points. Customize based on your state's specific requirements and have language reviewed by a compliance professional before publishing.

General Website Disclaimer

'The information on this website is for general informational purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.'

Testimonial Disclaimer

'Client testimonials reflect individual experiences and results. Every case is different, and the outcome of any case depends on a variety of factors unique to that case. Past results do not guarantee future outcomes. [State-specific language as required].'

Settlement/Verdict Results Disclaimer

'The settlement and verdict amounts shown represent results in specific cases. These results were dependent on the facts of those cases and do not guarantee similar results in other matters. Case results depend on numerous factors including the specific facts of your case, applicable law, and other variables.'

Placement Best Practices

Disclaimers should appear:

• Immediately adjacent to testimonials or results — not just in the footer
• In readable font size — typically no smaller than surrounding body text
• In contrasting color — visible, not designed to be overlooked
• On every page featuring results or testimonials, not just a single 'disclaimers' page

Footer-only disclaimers frequently fail the 'clear and conspicuous' standard that many state bars require.

Understanding how firms typically get into trouble helps you audit your own website for similar gaps.

Scenario 1: The Aggregator Testimonial

A firm embeds Google reviews on their website. One review mentions a specific settlement amount and implies it was 'easy' to obtain. Because the firm displayed this third-party content, they may be responsible for its compliance — or non-compliance — with advertising rules.

Risk mitigation: Curate which reviews appear on your website. Add disclaimers to embedded review sections. Consider whether specific reviews could create misleading impressions.

Scenario 2: The Multi-State Settlement Display

A firm based in a permissive state prominently features settlement amounts. They begin accepting clients from a state with stricter rules. Suddenly, their compliant website may violate another jurisdiction's advertising regulations.

Risk mitigation: If you serve multiple states, identify the most restrictive applicable standards. Consider geo-based content or meeting the highest standard universally.

Scenario 3: The Incentivized Review Without Disclosure

A firm offers a small gift card to clients who leave reviews. These reviews appear on the website without FTC-required disclosure of the material connection.

Risk mitigation: Disclose any incentive, however small. The FTC's standard is whether the incentive could affect the credibility readers assign to the endorsement.

Scenario 4: Video Testimonials with Text-Only Disclaimers

A compelling video testimonial plays, but the disclaimer only appears in small text below the video player. Many states require disclaimers in the same medium as the testimonial itself.

Risk mitigation: Include audio or on-screen text disclaimers within the video content, not just adjacent to it.

Compliance and conversion aren't mutually exclusive. Well-implemented testimonials with clear disclaimers can actually build more trust than bold claims without context.

Context Builds Credibility

Rather than viewing disclaimers as obstacles, use required context to make results more compelling. 'A $1.2 million settlement for a client who suffered a spinal cord injury in a rear-end collision, achieved after 18 months of litigation' is both more compliant and more persuasive than '$1.2M Result!' in isolation.

Testimonial Formats That Work

Focus testimonials on:

• Process and communication — 'They kept me informed throughout the case'
• Emotional outcomes — 'I felt supported during a difficult time'
• Attorney qualities — 'My attorney was responsive and thorough'

These elements create connection without triggering the 'unjustified expectations' concerns that result-focused testimonials raise.

Integrating Compliance Into Your Website Workflow

Build compliance into your content process rather than auditing after publication:

• Create a testimonial approval checklist that includes disclaimer placement
• Train intake staff on what can and cannot be quoted
• Review new content against your state's specific requirements before publishing
• Schedule quarterly compliance audits as regulations evolve

For firms investing in SEO-compliant PI firm websites, building these systems early prevents costly remediation later and positions your site as trustworthy to both prospects and regulators.

This guidance reflects general principles — consult with a legal advertising compliance specialist for advice specific to your jurisdiction and circumstances.