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Attorney’s Guide to Ethical Marketing: Arkansas

 

This post is part of the Attorney’s Guide to Ethical Marketing, a series of posts (and eventually an eBook) that provides attorneys with a summary of key ethical rules for marketing across all fifty states, and the US territories.  If you want to be notified when your jurisdiction is covered, subscribe to The Dead Drop, my monthly newsletter covering updates from this site and beyond on marketing, law, and the psychology of persuasion.

• Relevant Citations: AR. Rules 7.1-7.5

• Limitations on Direct Contact with Prospective Clients (Y/N): No, in part.

• Permitted Forms of Marketing

• Traditional Media (Y/N): Yes

• Inbound Marketing (Y/N): Yes

• Social Media Marketing (Y/N): Yes

• Email Marketing (Y/N): Yes, in part.

• PPC Advertising (Y/N): Yes

• Mandatory Language (Y/N): Yes

• Opt-Out Requirement (Y/N): Yes

• Retention and Record Keeping Requirement (Y/N): Yes

• Non-Surname Branding (Y/N): Yes

• Date of Last Revision: 2005

Comments:

Arkansas is liberal in what it allows with respect to direct communication with potential clients. Written communications with “anyone known to be in need of legal services in a particular matter by written communication” are permitted provided that the writing be sent by regular US Mail, marked as “ADVERTISEMENT” on the envelope and all pages within, provide an opportunity for the recipient to send complaints regarding the advertisement, and sent no sooner than 30 days after the death of a relevant party in death cases. See Ar. Rules 7.3(b). However, the Arkansas Supreme Court prohibits direct real time electronic solicitation. Based on this prohibition, Arkansas permits generic email marketing, but not individualized email marketing.

Arkansas requires a record of all advertisements used kept on file for five years, along with a listing of all platforms in which the advertisement was published. All advertisements must include a name of one of the responsible attorneys, the geographic location of the law firm promulgating the advertisement, and cannot include clients. Arkansas prohibits the use of dramatizations, and requires disclosures if actors are used in advertisements. (I question how productive it would be to use actors if dramatizations are prohibited.)

If you are interested in developing a coherent, strategic approach to marketing your business, or if you just have a few questions you need answered about digital marketing, I’m happy to help.  We can set up a time at your convenience to go over your questions and concerns.  I promise it won’t feel like a pitch for a used car or a time share, and, no matter what, you will walk away with marketing intelligence you can use.  Here’s a link to my schedule if you want to set something up.

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Todd Brogowski

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