When working with our clients in Tennessee, we need to keep track of their home state’s rules and regulations just like we would for any other state. If you’ve checked out our previous posts on state-specific guidelines, you’re likely familiar with many of Tennessee’s law marketing rules.

Law firms in Tennessee, like those in other states we’ve discussed, must make specific information available to the public to help potential clients get in touch with them. Additionally, they’re required to retain copies of all marketing materials for a set period. What Tennessee considers attorney advertisements is similar to what other states define as such.

However, the key difference between Tennessee and states like California or New York is that Tennessee requires law firms to provide more detailed information about their payment structures and practice areas. Before diving into what sets Tennessee apart, let’s first look at the similarities it shares with other states.

Tennessee’s General Law Marketing Rules

Like many other states, Tennessee’s Bar Rule Guidelines state that attorney advertisements include:

  • Written content (letters, pamphlets, mail advertisements)
  • Recorded content (voice messages, marketing videos)
  • Electronic content (email blasts, text message blasts, online ads)
  • Public media (billboards, posters, flyers)
  • Websites (only for your business)
  • Guest blogs (blogs written for other sites)

Each of these forms of communication is subject to the regulations governing attorney advertising.

It’s important to note that personal social media posts or direct communications between attorneys and individuals are not considered attorney advertisements. So, if you’re a lawyer in Tennessee, feel free to post about your favorite sports teams without any concerns!

What Can’t You Say?

Like other states, Tennessee has restrictions on certain words and phrases in legal marketing to prevent misleading potential clients. Some terms have specific meanings in legal contexts, and using them incorrectly can be seen as making false promises. The words you cannot use in any attorney advertising include:

  • Expertise
  • Expert
  • Specialist
  • Specialization

Only attorneys who have been officially designated as specialists by state representatives can use these terms. Even if you have significant experience in a particular field, unless you hold this designation, you cannot claim to be an expert or specialist.

Additionally, you are not allowed to make promises about the outcomes of legal cases or misrepresent the areas of law you practice. This makes sure your marketing is honest and transparent, which helps build trust with potential clients while staying compliant with the marketing rules of Tennessee.

What’s Special About Tennessee’s Law Marketing Rules?

One unique aspect of Tennessee’s law marketing rules is the flexibility it offers regarding what information law firms can display on their websites. While other states often mandate specific details, Tennessee makes many of these options voluntary.

Some of the optional information that Tennessee law firms can display on their websites includes:

  • Attorney names
  • Business address
  • Phone number of the TN law firm
  • Services the attorney provides
  • Attorney’s foreign language services
  • Names of clients that the attorney represents as long as they have the client’s consent.
  • What forms of payment the law firm accepts (i.e.: credit card, check, cash, etc.)
  • What are the prices of the TN law firm’s services
  • How the TN law firm determines your fees
  • Professional references

In most states, law firms are required to make basic contact information like their business address and phone number easily accessible. However, in Tennessee, these details are not mandatory. This can be particularly useful for firms that are not actively taking on new clients but want to maintain an online presence.

Additionally, while many states have strict rules on advertising legal fees and pricing, Tennessee allows firms to be more transparent about their pricing structure. Law firms in Tennessee can choose to advertise their competitive pricing directly on their websites to give potential clients a clearer idea of their costs upfront.

Retaining Copies of Marketing Materials

One critical aspect of law firm marketing in Tennessee is the requirement to retain copies of all marketing materials. You need to keep copies of flyers, email blasts, or social media advertisements for a specific duration. If there is ever an investigation or dispute regarding your advertising practices, you can provide proof of what was distributed and how they were distributed.

You must also maintain records of when and where the materials were used. For law firms, this means having a well-organized system for archiving all advertisements. Failing to do so can result in non-compliance with the law marketing rules in Tennessee.

Ethical Considerations in Legal Marketing

Tennessee, like most states, expects law firms to adhere to ethical standards when marketing their services. Hence, your legal marketing efforts must always prioritize accuracy, transparency, and honesty. Misrepresenting your qualifications or exaggerating what your firm can do for a client not only risks fines but also damages your reputation in the long run.

Lawyers in Tennessee should also be careful not to inadvertently disclose confidential client information in their marketing efforts. For example, if you’re highlighting a previous case as a success story, make sure you have the client’s consent before sharing their details.

Avoiding Pitfalls in Tennessee Law Marketing

The world of legal marketing can be fraught with potential pitfalls, especially for those unfamiliar with Tennessee’s specific rules. A common mistake people make is assuming marketing strategies used in other states will work seamlessly in Tennessee. While the guidelines are similar, small differences can lead to big consequences.

Another common error is neglecting to update your marketing materials regularly. The legal field is constantly evolving, and so too are the regulations surrounding how attorneys can market themselves. Staying up-to-date with the latest rules makes sure that you remain compliant and avoid unnecessary penalties.

ENX2 Marketing Knows the Rules

Successfully marketing your law firm in Tennessee requires a clear understanding of the marketing rules of Tennessee.

When you’re marketing for your law firm, you need to be on top of what you’re doing. If you do something wrong, that’s potentially a fine or a warning at best. At worst, you could be suspended or even stripped of your ability to practice law. No matter what kind of law practice you hold, you have to make sure that you’re protecting your business.

If you don’t have the time or manpower to handle marketing and running a business, partner with a legal marketing firm that can market your business for you. ENX2 Marketing has extensive experience with PPC ads, SEO, web design, social media marketing, and more. Contact us today.

Nicole Farber
Nicole Farber
CEO and owner of ENX2 Marketing, Nicole Farber is a marketing consultant who specializes in digital marketing and getting your business on the right track. With degrees in business and informational technology, Nicole has a track record of turning around failing businesses as well as offering a fresh look at taking your marketing to the next level. An expert in law firm marketing, Nicole is a member of the American Bar Association as well as a member of its Client Development and Marketing Forum Committee of the Law Practice Division.