This article is part of our Law Firm Marketing Guide: how clients find lawyers online, what the advertising rules allow, and how to choose the right help. Want to know where your firm's site stands? Get a free 20–30 page website audit within 24 hours.
A law firm website needs two kinds of protective text: disclaimers that say the site is general information, and contact-form warnings that say sending a message does not make someone a client. The form warning matters most. Under the ABA Model Rules, a website that invites people to submit details about their case can create duties to those people, even if you never take the matter.
This guide covers what the rules say, what wording to use, and how to build a form that supports a conflicts check without collecting too much. It is part of our Law Firm Marketing Guide.
This is marketing guidance, not legal ethics advice. Rules vary by state, so confirm your wording with your state bar's rules or ethics counsel.
Key Takeaways
- A contact form that invites case details without clear warnings can turn a site visitor into a "prospective client" under ABA Model Rule 1.18.
- Information from a prospective client is protected even if you decline the case, and it can disqualify you and your firm from a related matter.
- The best form warning appears next to the form, before the visitor types, and says clearly that no attorney-client relationship exists yet.
- Ask only for what you need to check conflicts and route the inquiry: names of the parties, the type of matter, and contact details.
- Some states add their own website requirements, such as New York's "Attorney Advertising" label and Florida's referral disclosure.
Why contact forms create real duties
ABA Model Rule 1.18 says a person who consults a lawyer about possibly forming a client-lawyer relationship is a "prospective client." Even when no representation follows, the lawyer may not use or reveal what that person shared, except as Rule 1.9 would allow for a former client.
The rule goes further. If a lawyer receives information that could be "significantly harmful" to the prospective client, the lawyer may be barred from representing the other side in the same or a substantially related matter. That bar can extend to the whole firm unless consent or screening conditions are met.
So how does a website visitor become a prospective client? Comment 2 to Rule 1.18 gives the answer. A consultation is likely if a lawyer's advertising "specifically requests or invites the submission of information about a potential representation without clear and reasonably understandable warnings and cautionary statements that limit the lawyer's obligations," and a person responds.
The same comment draws the contrast. If your site only describes your education, experience, practice areas and contact details, or offers general legal information, a person who sends information anyway is acting "unilaterally" and is not a prospective client.
What the ABA said about lawyer websites
The ABA addressed websites directly in Formal Opinion 10-457, "Lawyer Websites," issued in 2010. The ABA's summary of Opinion 10-457 says lawyers "must not include misleading information on websites, must be mindful of the expectations created by the website, and must carefully manage inquiries invited through the website." It adds that websites that invite inquiries may create a prospective client-lawyer relationship under Rule 1.18.
In plain terms: the design of your form and the words around it shape whether a visitor reasonably thinks you have agreed to look at their case.
The core disclaimers every firm site should consider
Most firm sites use a short set of notices. Here is what each one does and where it goes.
| Notice | What it says | Where it goes |
|---|---|---|
| No attorney-client relationship | Using the site or sending a message does not create a client relationship | Next to every form, and in the footer |
| Do not send confidential information | Do not share confidential or time-sensitive details until the firm confirms it can help | Directly above the form fields |
| General information only | Site content is general information, not advice for a specific situation | Footer and on blog or guide pages |
| Past results | Prior results do not guarantee a similar outcome (required wording in some states) | Next to any case results or testimonials |
| Jurisdiction | Where the firm's lawyers are licensed | Footer, attorney bios, and contact page |
Example form wording
You can adapt something like this, then have it checked against your state's rules:
> "Contacting us through this form does not create an attorney-client relationship. Please do not include confidential or sensitive details about your matter. We will first check for conflicts of interest and contact you to discuss whether we can help."
Keep it short. Comment 2 asks for warnings that are "clear and reasonably understandable," which points toward plain language placed where the visitor will see it.
A checkbox can help, but it is not magic
Many firms add a required checkbox: "I understand that submitting this form does not create an attorney-client relationship." This makes the warning hard to miss. But the checkbox does not fix a form that asks for a full case narrative. What you ask for matters as much as what you say.
How to build a safer intake form
Comment 4 to Rule 1.18 tells lawyers to limit an initial consultation to the information that reasonably appears necessary to decide whether to take a matter. Your form should follow the same idea.
Do this:
- Ask for the visitor's name, phone, email and preferred contact time.
- Ask for the names of other parties involved, so you can run a conflicts check.
- Offer a short drop-down for the type of matter (for example, divorce, DUI, injury, estate plan).
- Ask for the county or city, if location affects whether you can help.
- Place the warning above the first field, not below the submit button.
- Send a confirmation email that repeats the warning and explains next steps.
Not this:
- A large open text box labeled "Tell us everything about your case."
- Questions about admissions, evidence or private medical details.
- Wording like "Get your case reviewed now," which suggests the review has already started.
- Auto-replies that sound like legal advice.
If you want a single open field, label it narrowly: "Briefly describe the type of help you need (no confidential details, please)."
Treat the form as a confidentiality system, not just a web page
Submissions pass through plugins, inboxes and third-party tools. Keep that list short and limit who can see raw submissions. Our guide on website security for service businesses covers the technical basics. How fast and how well your team responds to these messages is its own topic, covered in law firm intake and lead response.
State rule examples that affect disclaimers
The ABA Model Rules are a template. Each state adopts its own version, and some add specific website requirements. A few examples:
New York
New York's Rule 7.1 requires many advertisements to be labeled "Attorney Advertising," and for a website the label goes on the home page. Required statements on a website must appear on the home page. When an ad includes testimonials or statements likely to create expectations about results, it must carry the disclaimer "Prior results do not guarantee a similar outcome." New York also requires firms to preserve a copy of their website at launch, after major changes, and at least every 90 days.
Florida
Florida's Rule 4-7.12 requires advertisements to name at least one responsible lawyer or the firm, and the city, town or county of a bona fide office. If cases will be referred to another lawyer, the ad must say so; the comment offers "Your case may be referred to another lawyer" as an example. Required statements must also appear in each language the ad uses, and they must be "clear and conspicuous."
Texas
The Texas Disciplinary Rules say a required statement or disclaimer must be clear enough for an ordinary person to understand and made in each language used in the communication. Rule 7.02 requires an advertisement to name a responsible lawyer and identify the lawyer's primary practice location.
California
California's Rule 7.1 comments say an express guarantee of a result is false or misleading. A communication that states or implies "no fee without recovery" is misleading unless it also says whether the client will be liable for costs. Rule 7.2 requires a communication to include the name and address of at least one responsible lawyer or firm.
These are examples, not a full list. If your firm advertises in several states, check each one. For the wider advertising picture, read lawyer advertising rules for websites.
Where to place each notice
Placement decides whether a notice actually works. A practical layout:
- Every page footer: no attorney-client relationship, general information only, jurisdictions, and the name and address of the responsible lawyer or firm.
- Above every form: the short confidentiality and no-relationship warning.
- Next to results and reviews: the past-results disclaimer, close to the claim it modifies.
- Home page: any label your state requires there, such as New York's.
- Chat widgets and booking tools: the same warning in the first message, before the visitor types.
- Thank-you page and auto-reply email: a repeat of the warning plus what happens next.
Next step
Disclaimers and forms are one piece of a site that earns trust. Next, see the full list of law firm website must-haves, then compare options in our law firm website redesign checklist. Get a free 20–30 page website audit within 24 hours.
Frequently asked questions
Does a website disclaimer stop someone from becoming a prospective client?
It can help, but it is not a guarantee. ABA Rule 1.18 Comment 2 looks at whether the site invited case information without clear warnings. A clear warning next to the form, plus a form that asks only for basic details, puts you in a much better position than a long disclaimer on a separate page.
Should our contact form ask for a description of the case?
Keep it brief. Comment 4 to Rule 1.18 says to limit the initial consultation to what you need to decide whether to take the matter. A matter-type drop-down and the names of other parties usually let you run a conflicts check before you learn sensitive facts.
Do we need "Attorney Advertising" on our website?
It depends on your state. New York's Rule 7.1 requires the label on the home page for many websites. Other states have different rules, so check your own state bar's version before adding or removing it.
Where should the past-results disclaimer go?
Close to the result or testimonial it qualifies. Florida's rules, for example, say a disclaimer modifying text is generally clear and conspicuous when it has equal or greater prominence and sits close to that text. A footer note far from the claim may not meet that standard.
Do chat widgets need the same warnings as forms?
Yes, treat them the same way. A chat that asks visitors to explain their situation invites case details just like a form. Put the warning in the opening message and collect contact details first.
