Your reputation is your currency in the legal profession. It’s what buys you goodwill, referrals, and most of all, clients. And that’s because attorneys are held to a higher ethical standard than most other professions.
Communications with the public are much more than business transactions. Each and every one is a reflection of the judicial system’s integrity.
The realm of digital legal marketing shines a light on that distinction, especially when it comes to competitive keyword advertising.
In its May 22, 2025 decision in In re Opinion No. 735, the New Jersey Supreme Court clarified that while bidding on a competitor’s name is a permissible form of “proximity marketing,” it has also mandated a specific NJ lawyer advertising disclaimer that is now a non-negotiable requirement under the New Jersey Rules of Professional Conduct for your landing pages.
If you’re using search engine marketing to appear when potential clients search for your rivals, you’re operating in a space where transparency is your only defense against an ethic grievance. Mistakes in execution, particularly in paid campaigns, are common — especially among firms making the kinds of errors outlined in these common PPC mistakes NJ attorneys make and how to fix them.
NJ Lawyer Advertising Disclaimer: What Is Required Under Opinion 735?
New Jersey attorneys who bid on a competitor’s name must include a verbatim, court-mandated disclaimer on the landing page triggered by that ad. Under In re Opinion No. 735, the language cannot be paraphrased and must be displayed conspicuously. Failure to comply may violate RPC 7.1, RPC 7.2, or RPC 8.4(c) of the New Jersey Rules of Professional Conduct and could result in ethics complaints or disciplinary action.
The Exact NJ Lawyer Advertising Disclaimer Language Required on Landing Pages
For New Jersey attorneys, “close enough” is not an option when it comes to Court-mandated language.
If you engage in keyword campaigns that target the proper names of other lawyers or law firms, the Court requires you to include a specific block of text on any landing page to which that paid ad directs a consumer.
Importantly, the disclaimer must appear on the specific landing page triggered by the paid advertisement. It can’t just be on your homepage or buried in a general website footer. This aligns with foundational usability principles discussed in the first rule of web design for law firm websites, where clarity and immediate transparency are paramount.
The mandatory language is as follows:
“You arrived at this page via a paid advertisement on [insert name of search engine provider] through paid keyword search results. This website and the legal business it describes are affiliated only with [insert name of purchasing attorney] and the other attorneys referenced within this website.”
Any attorney who purchases a competitor’s name as part of a keyword advertising campaign in New Jersey must use this NJ lawyer advertising disclaimer.
It’s there to make sure any consumers, and the competitors whose names you’re bidding on, understand how and why your firm’s ads appeared in their results.
Failure to include this exact language when required may constitute a violation of the New Jersey Rules of Professional Conduct. That’ll expose the attorney to disciplinary review.
NJ Lawyer Advertising Disclaimer Formatting Rules: What “Conspicuous” Really Means
Compliance is about more than just the words you use. How you display those words also plays a role.
If your disclaimer’s hidden, it’s not compliant with New Jersey attorney advertising rules.
The New Jersey Supreme Court and the Advisory Committee on Professional Ethics have established strict formatting guidelines to ensure the NJ lawyer advertising disclaimer is effective:
- Placement: The disclaimer must be prominently displayed on the specific landing page or pages where the sponsored search result leads the consumer.
- Visual Integration: To the extent possible, the font size and color of the disclaimer must match the font size and color predominately used on the landing page.
- Prominence: The disclaimer must appear with the same legibility and prominence as the rest of your website’s content.
Like other New Jersey attorney advertising rules, the disclaimer needs to be displayed for enough time in a discernible manner. A “competent individual” on the page needs to be able to read and understand it.
That can’t happen if the disclaimer is buried in a miniscule footer or the same color as your site’s background. It’s not conspicuous enough, and that can lead to disciplinary action under the New Jersey rules of Professional Conduct.
Why Google’s “Sponsored” Label Does Not Satisfy NJ Attorney Advertising Rules
A platform’s own labels, like Google’s “Ad,” “Sponsored,” or “Promoted” tags, are enough to satisfy ethical obligations in average industries. But the NJ Supreme Court determined they don’t meet the ethical standards imposed by the New Jersey Rules of Professional Conduct.
The Special Adjudicator’s report noted that while these labels exist, there’s too much variation in their visibility and users’ ability to recognize them.
In fact, independent research has suggested that up to 68% of users are unable to recognize a Google advertisement in search results.
As a New Jersey attorney, you are personally responsible for the “content and operation” of your marketing. You can’t outsource that responsibility to a search engine’s algorithm.
The Court’s mandatory disclaimer provides a layer of professional clarity that standard “Sponsored” tags can’t match, explicitly stating the lack of affiliation which a generic tag omits. Overlooking technical and on-page clarity issues like this can compound broader visibility problems, similar to the issues discussed in these NJ SEO mistakes law firms can’t afford to make.
In re Opinion No. 735: The Supreme Court’s Ruling on Competitive Keyword Advertising
The path to the current disclaimer rule began with a debate over the mechanics of search engine results.
For years, the Advisory Committee on Professional Ethics (ACPE) and various New Jersey bar authorities grappled with whether “competitive keyword advertising”—the practice of purchasing a rival’s name so your ad appears above their organic results—was inherently deceptive.
To resolve this, the New Jersey Supreme Court appointed a Special Adjudicator to make factual findings on how these searches affect the public.
In its May 22, 2025 decision in In re Opinion No. 735, the Court concluded that bidding on a competitor’s name is not a “communication” that violates RPC 7.1 or 7.2 on its own. But, it does need “precautionary” measures to protect the public interest.
The Court’s intervention was driven by a need to balance the benefits of state-of-the-art technology with the integrity of the legal profession in New Jersey.
Even though “unsophisticated” internet users generally understand the nature of “Sponsored” results, the New Jersey Supreme Court modified the original ethics opinion to require a formal disclaimer. In doing so, they eradicated the chances of a “false or misleading suggestion” of affiliation between competing firms.
Balancing Ethics and Conversions: Can NJ Lawyers Stay Compliant Without Losing Leads?
Many lawyers worry that a prominent disclaimer will hurt their conversion rate or scare away potential leads. The reality is often the opposite. When people see you’re transparent about these things, they’re more likely to trust you.
Opening with an honest, Court-mandated disclosure demonstrates your professional character. It shows the client you follow the rules, and take your ethical obligations under New Jersey’s attorney advertising rules seriously. People searching for legal representation will appreciate and value that.
Of course, you’re required to maintain that transparency as part of your broader duty of technological competence.
New Jersey attorneys are responsible for monitoring their websites to ensure they conform to the New Jersey Rules of Professional Conduct at all times.
This includes:
- Monthly Backups: You are encouraged to capture all material on your website in the form of an electronic or paper backup at least monthly.
- 3-Year Retention: You must keep a record of your website pages and advertisements for three years after their last dissemination under RPC 7.2(b).
- Vendor Oversight: If you rely on an outside digital marketing agency, it’s still your job to make sure they’re adhering to specific New Jersey compliance standards.
This obligation applies to every version of the landing page triggered by competitive keyword ads.
Failure to maintain proper records may independently expose a New Jersey lawyer to disciplinary review.
NJ Lawyer Advertising Disclaimer Compliance: Key Takeaways for Attorneys
- New Jersey lawyers who bid on competitor names must use the exact disclaimer language from In re Opinion No. 735.
- The required NJ lawyer advertising disclaimer cannot be paraphrased.
- The disclaimer must appear on the specific landing page triggered by the paid advertisement.
- The disclaimer must be prominently and conspicuously displayed.
- Google’s “Sponsored” labels do not meet obligations under the New Jersey Rules of Professional Conduct.
- Attorneys must keep website content and advertisements for three years under RPC 7.2(b).
- Lawyers remain responsible for compliance, even when using third-party marketing vendors.
How NJ Lawyers Can Protect Their Reputation Through Advertising Compliance
The “Proximity Marketing” playbook allows New Jersey firms to compete aggressively in the digital space, but it doesn’t let you cheat in that endeavor.
The NJ lawyer advertising disclaimer is more than just a regulatory hurdle. It’s a commitment to the tradition of holding New Jersey attorneys to the highest ethical standards.
If you are bidding on competitor names, your landing page must serve two masters: the client you want to convert and the New Jersey Ethics Committee you must satisfy.
By integrating the mandatory disclaimer conspicuously and matching your site’s predominant styling, you fulfill your duty as a legal professional while building a brand rooted in authority and honesty.
Integrity is your most valuable asset.
Protect it by auditing your landing pages today to ensure they meet the verbatim requirements of Opinion 735 and the New Jersey Rules of Professional Conduct.