It is a good idea to include disclaimers on your legal website or blog in order to avoid confusion. A failure to include disclaimers can result in problems. See a list of problems below, the ABA’s opinions, and examples of disclaimers.
Case Studies
Problem: A web visitor may read case studies on your website, and expect the same results.
ABA Opinion: Information about current of former clients may be included on a website with the clients’ permission. The information must not be false or misleading. Include a disclaimer to prevent misunderstanding.
Example Disclaimer: “Prior Results Do Not Guarantee a Similar Outcome” Derived from Crotty Saland LLP
Legal Information
Problem: A web visitor may read general legal advice on your website or blog and may apply it to his personal legal situation.
ABA Opinion: Legal information, as given through blog posts or website articles, must be accurate and current. Include a disclaimer to the effect that the advice is general and “should not be understood as a substitute for personal legal advice.”
Example Disclaimer: “The information you obtain on this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.” Derived from Cowheylaw.com
Contact Form
Problem: A web visitor may view a reply to a contact box on your website as an action that creates a client-lawyer relationship.
ABA Opinion: If a lawyer’s contact box invites the web visitor to submit a message, and the web visitor complies, this creates bilateral communication (client-lawyer relationship). Include a disclaimer so as to avoid misunderstandings. The disclaimer must be clearly written and conspicuously placed.
Example Disclaimer: “We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.” Derived from Crain Lewis LLP
In conclusion, the ABA recommends adding disclaimers to your law firm website or blog. The disclaimers prevent a web visitor from expecting certain results, advise a visitor to get information about his individual matter, and warn a web visitor that a relationship is not established by merely filling out a website contact form. Adding disclaimers minimizes confusion and prevents problems.