How do lawyers get clients?
Lawyers get clients from referrals, from content and ads aimed at the general public, from paid lead services, and from direct outreach. The ABA Model Rules allow all four, with limits: Rule 7.2(a) lets a lawyer communicate information about their services through any media, Rule 7.1 says none of it may be false or misleading, and Rule 7.3 restricts live solicitation.
The Model Rules are a template. Each state adopts its own version, and versions differ, so the rule that binds you is your own state's. New York shows how fast that can change: its rules were rewritten in 2026 (covered below).
What counts as solicitation under ABA Model Rule 7.3?
Under Model Rule 7.3(a), a solicitation is a communication a lawyer starts that is directed to a specific person the lawyer knows or reasonably should know needs legal services in a particular matter, offering to provide them. Rule 7.3(b) then bars soliciting by live person-to-person contact when a significant motive is the lawyer's pecuniary gain, unless the person is a lawyer, has a family, close personal, or prior business or professional relationship with the lawyer, or routinely uses that type of legal service for business purposes.
The comment to Rule 7.3 defines live person-to-person contact as in-person, face-to-face, live telephone and other real-time visual or auditory communication. It does not include chat rooms, text messages or other written communications that recipients may easily disregard. Communications to the general public (a website, a billboard, an internet banner ad) are not solicitations, and neither is a reply to someone's request for information.
| What you want to do | Model Rule position | The deciding fact |
|---|---|---|
| Phone, visit or video-call a stranger who has a legal problem | Barred by 7.3(b) | Live contact plus a pay motive, with no exception |
| Phone a founder who routinely hires lawyers for contracts | Not barred by 7.3(b)(3); 7.3(c) still applies | Routine business user of that type of legal service |
| Email, letter or other written message to a specific prospect | Not live contact (comment [2]); 7.1 and 7.3(c) still apply | Written, so the reader can ignore it |
| Website, articles, posts, ads to the public | Not solicitation (comment [1]); 7.1 applies | Directed to the general public |
| Calling back someone who asked you for information | Not solicitation (comment [1]) | They started it |
| Any contact after someone said no, or that pressures them | Barred by 7.3(c) | They made known they don't want it, or it involves coercion, duress or harassment |
Two points the table can't hold. The comment says live contact with people who may be especially vulnerable, such as the elderly, people whose first language is not English, or the disabled, is ordinarily not appropriate. And the definition in 7.3(a) covers communications initiated by or on behalf of a lawyer, so a live call placed for the firm by a staff member, a vendor or software is worth treating the same way.
Can lawyers pay for leads or referrals?
You can pay for leads and for advertising, but not for a recommendation. Rule 7.2(b) bars giving anything of value for recommending a lawyer's services, with five exceptions: the reasonable costs of permitted advertising, the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service, buying a law practice under Rule 1.17, a non-exclusive reciprocal referral agreement the client is told about, and nominal gifts that are neither intended nor reasonably expected to be compensation.
The comment to Rule 7.2 draws the line for lead services. A lawyer may pay others for generating client leads, including internet leads, as long as the lead generator does not recommend the lawyer, the payment fits Rules 1.5(e) and 5.4, and the generator's communications comply with Rule 7.1. The lawyer must not pay a lead generator that states, implies or creates a reasonable impression that it recommends the lawyer, makes the referral without payment from the lawyer, or has analysed a person's legal problem to choose the lawyer. Directory listings by practice area, without more, are not recommendations.
Worked example (sample firm and figures; swap in your own). Northwind Law buys 50 leads a month at $90 each: 50 x $90 = $4,500. If 1 lead in 5 books a consultation, that's 10 consultations. If 3 of the 10 hire the firm, the cost per signed client is $4,500 / 3 = $1,500. At an average fee of $3,500, three clients bring 3 x $3,500 = $10,500 for $4,500 of leads, before the hours spent on 10 consultations. If only 1 of 10 consultations signs, the cost per client becomes $4,500, which is $1,000 more than the $3,500 fee, so the leads lose money. Track those two conversion rates for 60 days before you sign a longer contract. Our guide to whether a lead generation agency is worth it has the contract terms to ask for.
Referral partners cost no fee per lead: the comment to 7.2 bars paying anything solely for a referral but allows trading them. Under 7.2(b)(4), a lawyer may agree to refer clients to an accountant or another lawyer in return for referrals, as long as the agreement is not exclusive and the client is told about it. The comment adds that such agreements should not run indefinitely and should be reviewed periodically. A thank-you for a referral must be a token item, and the comment says a gift is prohibited if it was promised in exchange for future referrals.
What can a law firm say in its marketing?
Anything true and not misleading. Rule 7.1 bars false or misleading communications about a lawyer or the lawyer's services, including a truthful statement that omits a fact needed to keep the whole from misleading. Its comment adds that a truthful report of past results may mislead if it creates an unjustified expectation that other clients will get the same result, and that an unsubstantiated comparison with other lawyers' services or fees may mislead too. A disclaimer or qualifying language may prevent that finding.
Check every page, post and email against this list:
- Results: each one framed as one matter on its own facts, not a promise
- Comparisons ("lower fees than big firms"): only if you can back them up
- "Specialist": the comment to 7.2 generally allows "specialises in" based on experience, but saying you are certified as a specialist needs certification by an approved or ABA-accredited organisation, named in the message (7.2(c))
- Name and contact information of at least one responsible lawyer or firm on every communication (7.2(d))
- A firm name or social media username that doesn't imply a link to a government agency or a lawyer outside the firm (7.1 comment [5])
This standard covers your LinkedIn posts too. If you want help posting regularly, Siela's LinkedIn Presence posts in your voice from your own account, and its "show me every post first" setting lets you check each post against this list before it goes out.
What changed in New York's lawyer advertising rules in 2026?
A lot. According to a New York State Bar Association article by Marjorie E. Gross, amendments effective 1 June 2026 essentially adopt the ABA's 2018 Rules 7.1 and 7.3. The article lists what went:
- the requirement to label advertisements "Attorney Advertising"
- the required "Prior results do not guarantee a similar outcome" statement (the article suggests lawyers may still want to use it)
- the filing of solicitations with the attorney disciplinary committee, and keeping a list of recipients for at least three years
- the ban on soliciting in personal injury, wrongful death and mass tort matters within 30 days of the incident
It also says New York added the exception for people who routinely use the type of legal services offered, that Rule 7.2 on payment for referrals is unchanged, and that dropping the 30-day ban does not affect federal statutes on unsolicited contact after airplane or rail accidents or New York Judiciary Law section 480.
The practical lesson: a guide to New York lawyer marketing written before June 2026 may describe rules that no longer apply. Check the date of any rule summary, including this one, against your state's current text.
A two-week lead generation plan for a small firm
For a small business-law firm, the cleanest pipeline is written outreach to people who routinely buy your type of work, plus referral partners. Here is a two-week start.
Pick one buyer and one trigger
For example: companies of 20 to 200 staff that just opened an office (lease work) or announced a funding round (financing documents). Under comment [5] to 7.3, people who routinely hire lawyers for this work are one of the groups the comment says carry no serious potential for overreaching.
Build a list of 30 names
Do it by hand, or with Siela's Lead Finder on "Find leads only", which saves leads to the CRM with the reason each was picked and sends nothing. You write and send every message yourself.
Send five written notes a day
Use the template below, edited for each person. Stop the moment someone says no (7.3(c)(1)). Email law applies as well: our guide to whether cold email is legal covers CAN-SPAM.
Ask two accountants for a reciprocal arrangement
Non-exclusive, disclosed to clients, reviewed after six months.
Count what came back
Replies, consultations, signed matters, per channel. Our article on whether AI lead generation tools are worth it has a scoring method for small tests like this.
Frequently asked questions
Can lawyers cold call potential clients?
Under ABA Model Rule 7.3(b), a lawyer may not solicit work by live phone call, visit or video call for pay unless the person is a lawyer, has a family, close personal, or prior business or professional relationship with the lawyer, or routinely uses that legal service for business. Even then, the call must stop if the person has said no. State versions of the rule can differ.
Can a lawyer send LinkedIn messages to prospects?
The comment to Model Rule 7.3 treats text messages and other written communications that recipients can easily ignore as outside live person-to-person contact, so a written message isn't barred the way a cold call is. It must still be truthful under Rule 7.1, carry the lawyer's name and contact details, and stop when the person asks you to.
Can lawyers give gifts for referrals?
Only nominal ones. Rule 7.2(b)(5) allows token gifts of appreciation, like ordinary holiday gifts or hospitality, that aren't intended or expected as payment for recommending you. The comment says a gift is prohibited if it was promised in return for referrals, or if it comes with an understanding that future referrals will be made or encouraged.
Do attorney ads still need an Attorney Advertising label?
ABA Model Rules 7.1 to 7.3 contain no such requirement (checked 4 Nov 2026). New York did, but the New York State Bar Association reports that the label requirement was eliminated in amendments effective 1 June 2026. Other states set their own rules, so check your state's current version before you remove a label from your website or emails.
Is paying for law firm leads legal?
Under the comment to Model Rule 7.2, a lawyer may pay for client leads if the lead generator doesn't recommend the lawyer, imply the referral is free, or claim to have analysed the person's legal problem to pick a lawyer. The payment must also fit the fee-sharing and independence rules, and the vendor's ads must not be misleading.
Sources
- ABA Model Rule 7.1, Communications Concerning a Lawyer's Services (Internet Archive copy of 8 Oct 2026; checked 4 Nov 2026)
- ABA Model Rule 7.1, Comment (Internet Archive copy of 7 Apr 2026; checked 4 Nov 2026)
- ABA Model Rule 7.2, Communications Concerning a Lawyer's Services: Specific Rules (Internet Archive copy of 6 Feb 2026; checked 4 Nov 2026)
- ABA Model Rule 7.2, Comment (Internet Archive copy of 23 Jul 2026; checked 4 Nov 2026)
- ABA Model Rule 7.3, Solicitation of Clients (Internet Archive copy of 26 Mar 2026; checked 4 Nov 2026)
- ABA Model Rule 7.3, Comment (Internet Archive copy of 26 Mar 2026; checked 4 Nov 2026)
- New York State Bar Association, The Amendments to the Advertising Rules (Marjorie E. Gross) (August 2026; checked 4 Nov 2026)