A contact you met once endorses you for a skill you do not practice, and it now sits on your profile. That LinkedIn for lawyers problem raises an ethics question about who answers for words someone else wrote.
LinkedIn says on its About page that it has more than 1 billion members. Profiles and text posts raise different questions than video on social platforms.
This is general information and is not legal advice.
LinkedIn for lawyers comes with bar rule duties, and endorsements on a profile can count as the lawyer’s own words.
Review endorsements from time to time and keep client details out of posts.
When Bar Ethics Opinions Treat LinkedIn Content as Advertising
Bar ethics opinions can treat parts of a lawyer’s LinkedIn content as attorney advertising, so assume the ad rules reach anything aimed at new clients. In Formal Opinion 2015-7, the New York City Bar set a five-part test for when LinkedIn content counts as an ad, including whether its main purpose is bringing in new paying clients.
The same opinion found that “LinkedIn Endorsements and Recommendations constitute communications made” by or on behalf of the lawyer, so you answer for a colleague’s praise on your page.
Other authorities draw the line elsewhere. NYCLA’s Formal Opinion 748 treats a profile listing only education and past jobs as outside the ad rules, while Florida’s 2023 guidelines call LinkedIn a commercial site. Rules vary by state, and every line answers to your state’s legal advertising rules.
Skills, “Specialist” and Endorsements on a Lawyer’s LinkedIn Profile
Skills, “specialist” and endorsements on a lawyer’s LinkedIn profile all have to be true and not misleading, the core test of ABA Model Rule 7.1. Listing practice areas under Skills is generally fine. The NYC Bar found that a Skills list, “without more, is not an advertisement.”
The word “specialist” needs more care. A lawyer can generally say they focus on or specialize in an area based on experience, but claiming to be certified requires certification by a state-approved or ABA-accredited organization, named on the profile, under ABA Model Rule 7.2(c). Rules vary by state, so check yours before using the word.
Endorsements need regular upkeep. Other people write them, and the NYC Bar holds lawyers responsible for monitoring them periodically. In practice:
- Take down any endorsement for a skill you don’t practice.
- Don’t offer anything in return for a recommendation. Rule 7.2(b) bars giving value for one.
- Skip “I’ll endorse you if you endorse me” trades. The ABA rule does not say whether that counts as value.
- In North Carolina, don’t accept a skill endorsement or recommendation from a judge, under 2014 Formal Ethics Opinion 8.
Connection Requests, Messages and Posts About Real Cases
Connection requests and LinkedIn messages to strangers are generally treated as written contact, which the ABA keeps outside its ban on live person-to-person solicitation in Comment 2 to Rule 7.3. Stop writing to anyone who has said they do not want to be solicited. Florida also treats unsolicited invitations sent through a site’s messaging to seek legal business as written solicitations. An example note with no pitch reads, “I enjoyed your panel on trucking claims and would like to connect.”
Posts about real cases raise a separate duty, confidentiality. In Formal Opinion 480 (2018), the ABA said Rule 1.6 “does not provide an exception for information that is ‘generally known’ or contained in a ‘public record.'” Calling a post a hypothetical does not help if a reader could reasonably identify the client. Before posting, strip names, dates and unusual facts, then ask whether the client is still recognizable. If so, get the client’s informed consent or write about the issue generally.
How to Build a Lawyer LinkedIn Profile on Checkable Facts
A lawyer LinkedIn profile built on checkable facts covers four parts.
- Headline: bar admissions, firm and practice area. For example, “Personal injury partner at Firm Name, admitted in Georgia.”
- About section: verifiable facts such as years admitted, courts and published articles.
- Review endorsements on a set schedule and hide any that overstate.
- Share the firm’s legal blogging posts with a two-line summary that leaves out client details.
Shared articles should carry attorney-written bylines readers can check.
Frequently Asked Questions
Is a lawyer’s LinkedIn profile considered attorney advertising?
A lawyer’s LinkedIn profile counts as attorney advertising under the NYC Bar’s 2015 opinion only when it meets all five parts of that opinion’s test, including a main purpose of winning new clients. A plain Skills list does not qualify. Other bars draw the line differently.
Can a lawyer list “Skills” or call themselves a specialist on LinkedIn?
A lawyer can generally list practice areas under Skills on LinkedIn and say they specialize in an area based on experience, if accurate. A claim to be certified needs an approved or ABA-accredited certifier named on the profile under ABA Model Rule 7.2(c). New York is stricter.
Can a lawyer ask clients or colleagues for LinkedIn recommendations?
A lawyer can ask clients or colleagues for LinkedIn recommendations, since Rule 7.2(b) targets giving something of value in return. Skip rewards tied to a recommendation, and check that each one is accurate.
Is a LinkedIn connection request or message to a stranger solicitation?
A LinkedIn connection request or message to a stranger generally falls outside the ABA’s live contact ban, which excludes written communications. State rules differ, and Florida treats unsolicited invitations seeking legal business as written solicitations.
Putting LinkedIn for Lawyers Into Practice
LinkedIn for lawyers works best when every line on the profile can be checked. This week, read every endorsement and skill listed under your name, remove any you can’t stand behind, and compare your headline to Rule 7.2(c) before using the word “specialist.” Then reread your last few posts for client details that could identify someone.
A LinkedIn profile also sends people to the firm’s website, and the attorney bio there should match what LinkedIn says. Lexicon’s legal content experts write attorney website content, including bios and practice area pages built on facts a reader can verify. Call 877-486-8123 or contact us online to update the pages your profile points to.
David Arato, JD is the founder of Lexicon Legal Content, an attorney-owned legal content marketing agency serving law firms since 2012. Lexicon also offers video marketing for lawyers. David is a frequent contributor to Attorney at Law Magazine and Attorney at Work and a recurring guest on legal marketing podcasts.
