Use the ABA Model Rules as orientation, not as a substitute for the rule adopted in your jurisdiction. State language, comments, ethics opinions, filing duties, and enforcement practices can differ. This guide is educational and should be checked against current authority before publication.
For a DUI defense website, the practical task is not to label copy 'compliant' in the abstract. It is to map each marketing statement to the rule that governs it, keep the supporting evidence, assign a reviewer, correct the wording when needed, and retain a record of the approval decision. The linked criminal defense compliance guidance can help frame adjacent issues, but the DUI firm's own jurisdiction remains controlling.
Model Rule 7.1: Screen Every Claim for a Misleading Impression
Evidence required: the exact page, advertisement, profile, testimonial, or results statement plus the current jurisdictional rule and any substantiation supporting the claim. Pass condition: the reviewer can explain why the complete communication is accurate and not materially misleading in context. Severity: high when a statement implies a guaranteed result, unsupported superiority, or omits context necessary to understand a result. Owner: the attorney or compliance reviewer approving marketing copy. Corrective action: remove, qualify, substantiate, or contextualize the statement as the controlling rule requires. Validation: archive the approved wording and source authority used for the decision.
Model Rule 7.2: Check Paid Promotion, Referral, and Recordkeeping Terms
Evidence required: advertising contracts, referral or lead-source arrangements, fee terms, disclosures, and any record-retention requirement that applies. Pass condition: the arrangement and communication match the jurisdiction's rules and the file contains the documentation needed to support that conclusion. Severity: high where payment, referral, disclosure, or recordkeeping terms are unclear. Owner: firm leadership with ethics counsel or another qualified reviewer when needed. Corrective action: revise the arrangement or disclosure before continuing the affected advertising. Validation: retain the executed terms, approved disclosure, and review record.
Model Rule 7.3: Separate General Advertising From Regulated Solicitation
Evidence required: the audience, delivery method, trigger, message text, sender, and applicable solicitation rule. Pass condition: the firm can document that the outreach method and message are permitted for that audience and circumstance. Severity: high when communications target a person because of a known legal need without a documented basis for the outreach. Owner: the lawyer responsible for the campaign and the reviewer approving it. Corrective action: stop or redesign the outreach if the applicable restrictions are not satisfied. Validation: preserve the approved message, audience criteria, and authority supporting the decision.