Lawyer advertising: what the Code of Ethics allows and forbids for those who practise on their own

For a lawyer who practises on their own account, the website, social media and directories are often the main way clients arrive. The Code of Ethics of the Spanish Legal Profession, approved by the Plenary of the General Council on 6 March 2019, devotes its Article 6 to advertising. We summarise it paragraph by paragraph and add the rules on winning clients in Article 7.

The starting point: free advertising, with conditions

• Article 6.1: advertising professional services is allowed, provided it respects the legislation on advertising, competition law and unfair competition, and the ethical rules of the legal profession.
• Article 6.2: it must respect the independence, freedom, dignity and integrity of the profession, and professional secrecy. It must also be objective, truthful and dignified, both in its content and in the means it uses.

What it must include

Article 6.3 requires advertising to state the bar association the lawyer belongs to. On a website, a professional profile or an ad, that detail must be visible.

What it cannot do

The same Article 6.3 lists what advertising cannot involve:

1. Reveal directly or indirectly facts protected by professional secrecy.
2. Incite generally or specifically to litigation or conflict.
3. Offer services to victims of disasters or events with multiple casualties within 45 days of the event, or to victims of recent accidents who lack full freedom of choice. The prohibition does not apply if the victim expressly asks for it.
4. Promise results that do not depend exclusively on the lawyer's work.
5. Mention clients without their written authorisation, except in public procurement procedures.
6. Use institutional or bar emblems, or symbols that could be confused with them, without authorisation.
7. Mention activities incompatible with practising law.
8. And, in general, any advertising contrary to the ethical rules.

Specialisations and qualifications

• Article 6.4: advertising a specialisation requires backing it with academic or professional qualifications, approved specialisation courses or long professional practice.
• Articles 6.5 to 6.8: set rules for those who practise with a qualification obtained in another country, who must state it expressly, and prohibit translating a Spanish qualification when the translation would amount to another professional category in another country.

Covert advertising

Article 6.9 prohibits covert advertising. Advertising content must be clearly identified as such. On social media, this affects sponsored articles or videos and any promotional content presented as neutral information.

Winning clients: Article 7

Article 7 deals with professional loyalty. Its paragraph 2 expressly prohibits unfair solicitation of clients. Paragraph 3 considers contrary to professional loyalty, among other acts:

• Advertising that does not comply with the ethical rules.
• Soliciting, directly or through third parties, that harms the dignity or social function of the profession.
• Using third parties to evade ethical obligations.
• Offering apparently free services that could mislead consumers.

Checklist for your website and social media

1. Does the bar association you belong to appear?
2. Do you promise results, even implicitly?
3. Do you cite clients or cases? If so, do you have written authorisation and respect secrecy?
4. Are the specialisations you advertise backed by qualifications or long practice?
5. Is sponsored content identified as advertising?
6. Do you offer a "free first consultation"? Check that it cannot mislead the consumer about what it includes.

Advertising is only one part of running a firm. On the tax side, we review VAT for self-employed lawyers and form 130 and withholding. And if you move firms, the ban on unfair solicitation has concrete consequences, which we review in the guide to lateral moves of lawyers. More guides in Solo and small-firm lawyers.