You log into your website’s backend to find several pages returning a “404 Page Not Found” error. If it were a regular eCommerce site, that would be a minor technical glitch. But it’s not. It’s your law firm’s website, and that should set off the alarm bells.
Normal businesses see their websites as ephemeral digital brochures, subject to change, deletion, or updates on a whim. But the New Jersey State Bar holds its members to much higher ethical standards. They demand that we, as lawyers, treat our digital footprint with the same level of accountability as a signed letter or TV spot.
Attorney website record retention isn’t just a box for your IT department to check. It’s a fundamental professional duty outlined in New Jersey’s Rules for Professional Conduct (7.2(b), specifically).
If your live site is the only record of your public communications, you’re likely violating New Jersey’s strict three-year retention mandate.
For example, if a former client files a grievance two years after viewing a now-deleted blog post or landing page, you must be able to produce the exact version they saw.
Quick Answer: What Is the NJ 3-Year Website Retention Rule for Attorneys?
Under RPC 7.2(b), New Jersey attorneys must keep a copy or recording of all advertisements and written communications, including website pages, blog posts, practice area descriptions, and landing pages, for three years after dissemination.
This rule applies to all attorney website advertising, including content used in competitive keyword advertising campaigns, such as those discussed in this breakdown of ethical proximity marketing in New Jersey.
To follow New Jersey attorney website record retention requirements, firms should maintain historically accurate electronic backups at least monthly and archive deleted content for the full three-year period.
RPC 7.2(b) Explained: Why Every NJ Law Firm Website Is Considered Advertising
You can’t understand your obligations without understanding how New Jersey defines “advertising.”
Under Rule of Professional Conduct 7.1(a), an advertisement is any communication about a lawyer, a lawyer’s services, or any matter in which the lawyer seeks professional involvement. These rules don’t differentiate between traditional media, like the Yellow Pages, and electronic media, like the internet.
So, every page on your law firm’s website is considered attorney advertising and a form of public communication. That means you’re personally responsible under New Jersey lawyer website compliance standards.
The NJ Supreme Court determines that “attorneys are responsible for monitoring the content of all communications with the public—including their websites—to ensure that those communications conform at all times with the Rules of Professional Conduct”.
RPC 7.2(b) provides the specific hammer: “A copy or recording of an advertisement or written communication shall be kept for three years after its dissemination along with a record of when and where it was used”.
This means that every blog post, every practice area description, every downloadable guide, and every landing page used for competitive keyword advertising must be archived and retrievable for at least 36 months after it is taken down.
Why a “Live Website” Is Not Enough: Monthly Backup Requirements for NJ Lawyers
Most lawyers think if their website is up, they’re in compliance. It’s a understandable misconception, but there’s more to it than that. These regulations are handled by the Committee or Attorney Advertising. To serve that purpose, they require lawyers to keep historically accurate backup versions of their sites.
New Jersey doesn’t require ads to be reviewed before they’re published. Instead, the CAA takes a reactive approach. They’ll investigate when someone makes a complaint alleging improper attorney advertising or misleading website content.
Those complaints are rarely instantaneous. And that’s why firms need to keep these records of all their ads. If there’s a complaint against them, that firm needs to be able to produce the exact version of the site the client viewed.
The Monthly Backup Standard: What NJ Attorneys Must Archive to Stay Compliant
The CAA and the Advisory Committee on Professional Ethics (ACPE) have recommended that RPC 7.2(b) be amended to require a specific manner of compliance: lawyers must capture all material on their websites in the form of an electronic backup on at least a monthly basis.
This monthly electronic backup must include:
- All text, images, and embedded links.
- A record of when the specific material was live.
- A record of where it was used, including specific URLs or subdomains.
Relying on your web host’s standard server backup isn’t enough.
They can be helpful, but those backups are meant to recover from catastrophe. They’re not meant for attorney advertising record retention. Overlooking technical and archival discipline often overlaps with broader digital missteps outlined in NJ SEO mistakes law firms can’t afford to make.
The “24-Hour” Problem: How NJ Lawyers Must Handle Deleted Website Content
One of the most nuanced aspects of attorney website record retention is the treatment of content that’s only live for a short time.
The CAA has specifically addressed the potential for “hide and seek” marketing tactics.
Say a lawyer places outrageous claims on their website on the first day of a month, then removes them three weeks later. Without a monthly backup, they’d be able to skirt around the accountability for that.
Thus, the rule is clear: all new content posted on a lawyer’s website must be retained. Even if it’s posted and deleted before the monthly backup cycle runs.
This obligation applies to every version of a landing page triggered by competitive keyword advertising.
New Content vs. Minor Edits: What Actually Triggers the 3-Year Retention Rule?
The CAA differentiates between “substantial new content” and routine editing of existing content.
You are not necessarily required to keep a copy of every minor grammatical edit or paragraph tweak made during the month.
But, if you add a new practice area, publish a new attorney biography, launch a new landing page, or post a new blog article, that material must be captured and archived for three years, regardless of how long it remained live.
Technological Competence Under NJ Legal Ethics: Your Duty to Preserve Digital Records
The move toward rigorous digital archiving is part of a broader shift in NJ legal ethics toward technological competence.
Recent revisions to RPC 1.6 and 4.4(b) explicitly place a duty on lawyers to safeguard information and prevent the unauthorized disclosure of data, including metadata.
The Courts have stated that it is not unfair or burdensome to need lawyers to maintain these records. The modern practitioner must have at least a baseline familiarity with the technology used in their practice.
This duty of competence means you cannot claim ignorance of how your website functions.
If your site uses cookies to collect visitor data or embeds metadata in downloadable documents, you are responsible for understanding those risks.
Similarly, you are responsible for making sure your digital archives are secure, uncorrupted, and accessible if the CAA or ACPE requests them.
Outsourcing Without Violating Ethics: Managing Website Retention Through Digital Vendors
While the ethical duty to keep records itself is non-delegable, you can outsource the technical execution of that duty. You’re a legal professional, not a web developer or marketing expert. The Committees aren’t leaving you out to dry; they recognize that many lawyers use outside assistance to create and maintain their websites.
A lawyer who relies on outside help for their website can also rely on outside help to keep the data on that website.
But, not all digital marketing vendors understand the specific rigors of NJ attorney advertising retention rules and website compliance obligations.
How NJ Law Firms Should Vet Marketing Agencies for Retention Compliance
When hiring an agency for lawyer SEO or web development, you should ensure they provide a compliance-first approach that includes:
- Automated monthly archiving tools that create a full snapshot of the site.
- Dissemination records that track when pages were published and retired.
- Redaction security to prevent metadata recovery in posted documents.
- NJ-specific knowledge of RPC 7.2(b), attorney website record retention, and Opinion 735 requirements — especially if you are running campaigns discussed in this guide to NJ lawyer advertising disclaimer compliance.
NJ Attorney Website Retention Compliance: Key Requirements at a Glance
| Requirement | Details |
| 3-Year Retention Mandate | RPC 7.2(b) requires New Jersey attorneys to retain advertisements and website content for three years after dissemination. |
| Website = Advertising | Every webpage is considered attorney advertising under RPC 7.1(a). |
| Monthly Electronic Backups | Firms must maintain historically accurate electronic backups of website content at least monthly. |
| Deleted Content Must Be Archived | Content removed from the website must still be retained for the full three-year period. |
| Substantial New Content | New practice areas, attorney bios, blog posts, and landing pages must be archived for three years. |
| Enforcement Authority | The CAA and ACPE investigate grievances and may request archived versions of website content. |
| Non-Delegable Responsibility | Lawyers remain personally responsible for compliance, even when using third-party marketing vendors. |
Why the 3-Year Rule Is a Cornerstone of Professional Integrity for NJ Lawyers
New Jersey’s the most densely populated state in the country, and with that population density comes competition density. Your website is your most powerful weapon in the face of that competition density.
But it’s also a permanent record of your professional word.
The 3-Year Rule is more than a storage need. It is a pillar of professional integrity and a core component of New Jersey lawyer website compliance. Firms investing heavily in visibility should also understand broader strategic considerations such as what is the best advertising for lawyers, ensuring compliance aligns with growth.
By maintaining rigorous attorney website record retention protocols, you are not just protecting yourself from a grievance. You are demonstrating to the public and the Bar that your firm operates with transparency, accountability, and respect for the Rules of Professional Conduct.
Do not wait for an audit to discover that your live site is your only record.
Implement a monthly electronic backup schedule today, ensure your deleted content is archived, and treat your digital footprint with the same care you would a court filing.
In the eyes of the NJ Supreme Court, they are one and the same.