Delaware rules
What must every Delaware lawyer ad include, and how do Rules 7.1 to 7.5 treat specialists and leads?
Delaware puts a responsible lawyer's name and office address in every ad, bans live solicitation, labels targeted messages, and allows certification claims only from approved certifiers.
By Santiago Alvarez, Founder, Ad Hoc Digital
Last updated
The short answer
If you read one part of this page, read this.
Delaware lawyer advertising is governed by Rules 7.1 to 7.5 of the "Delaware Lawyers' Rules of Professional Conduct", adopted by the Delaware Supreme Court, with the Office of Disciplinary Counsel assisting the Court in regulating lawyers. There's no filing or pre-approval, and no rule on keeping copies of ads.
Three rules change marketing most. Rule 7.2(c) requires every communication to include "the name and office address of at least one lawyer or law firm responsible for its content." Rule 7.3 bans in-person, live phone and real-time electronic solicitation, and requires "Advertising Material" on targeted written and electronic messages. Rule 7.4(d) allows a certification claim only from a certifier approved by a state authority or accredited by the ABA, named in the ad.
We read the rules in the compilation the Delaware Courts publish on October 18, 2026. This is a plain summary for marketing planning, not legal advice. Check the current rule with your bar or law society. We work with law firms across the US and Canada, and also in Australia and the UK.
Which rules apply
Delaware uses five advertising rules, numbered and worded much like the ABA model.
The rules are in the "Delaware Lawyers' Rules of Professional Conduct with Comments", linked from the Office of Disciplinary Counsel's rules page. The compilation carries amendments as recent as November 20, 2025.
| Rule | What it covers | Marketing effect |
|---|---|---|
| 7.1 | False or misleading communications | Results and comparisons judged in context; disclaimers can help |
| 7.2 | Advertising, paying for recommendations, required content | Name and office address of a responsible lawyer or firm in every ad |
| 7.3 | Solicitation of clients | Live solicitation banned outside close relationships; targeted messages labeled "Advertising Material" |
| 7.4 | Fields of practice and specialization | Certification only from an approved or ABA-accredited certifier, named |
| 7.5 | Firm names and letterheads | Trade names allowed if not misleading; show licensing limits |
Delaware's solicitation rule is worded around "in-person, live telephone or real-time electronic contact", and Rule 7.3 was last amended effective March 1, 2013. Compare the national baseline in our ABA Model Rules guide. Every jurisdiction's choices are in our rules by jurisdiction hub.
Filing and guidance
Delaware has no filing or pre-approval; the Office of Disciplinary Counsel runs an Ethics Hotline.
No Delaware rule requires submitting an ad, and the rules set no fee or deadline. For questions, the ODC offers informal guidance.
Frame the question as future conduct
The ODC's page says guidance should relate to a lawyer's "contemplated, prospective conduct", so ask before the ad runs.
Call or email the hotline
Call the ODC and say it's a hotline call, or email the Ethics Hotline address listed on the ODC's page.
Treat the answer as guidance
The ODC says its guidance is "informal, non-binding", isn't legal advice, and doesn't create a lawyer-client relationship.
Delaware also has no ad record rule: its Rule 7.2 has no paragraph on keeping copies. We keep dated copies for every client anyway. The states that do require filing are compared in our lawyer advertising rules comparison.
What every ad must include
Every Delaware communication names a responsible lawyer or firm and gives its office address.
Rule 7.2(c) applies to "any communication made pursuant to this rule", and Rule 7.2(a) covers written, recorded and electronic communication, including public media.
- Name and office address (7.2(c)): of at least one lawyer or law firm responsible for the content. The rule's words ask for an office address, so a website or phone number alone falls short of them.
- Licensing limits (7.5(b)): a firm with offices in more than one jurisdiction shows which lawyers aren't licensed where an office is.
- Trade names (7.5(a) and comment [1]): allowed if they don't imply a government or public legal services connection; a geographic "Legal Clinic" name may need a disclaimer.
- Labels: general ads carry none; "Advertising Material" goes on targeted solicitations under Rule 7.3(c).
The address has to be an office. The ODC's FAQs note that some Delaware court rules carry a bona fide office requirement for lawyers filing papers. That's a court rule, not an ad rule, but it's one more reason the address in a Delaware ad should be a real office, not a mail drop. New Jersey, by contrast, accepts any one of six kinds of contact detail; see our New Jersey guide.
Results, testimonials and comparisons
Delaware judges results and comparisons by context, and says a disclaimer can help.
Rule 7.1 is one sentence. Comments [2] and [3] explain how truthful statements can still mislead.
| Claim | Delaware's position | Comment |
|---|---|---|
| Past results | May mislead if presented so a reasonable person expects the same result without regard to each case's facts | [3] |
| Comparisons of services or fees | An unsubstantiated comparison may mislead if specific enough to seem provable | [3] |
| Disclaimers | "An appropriate disclaimer or qualifying language may preclude" a finding that a statement misleads | [3] |
| Truthful but misleading statements | Misleading if likely to lead a reasonable person to a conclusion with no reasonable factual foundation | [2] |
| Client testimonials | Not named in the rules; judged by the same tests | Rule 7.1 |
That's a lighter touch than Virginia's opinion-by-opinion approach or New Jersey's fixed comparison disclaimer. A Delaware results page can show a verdict, with a line that each case depends on its facts, and a review quote can stay if it doesn't promise an outcome. Our testimonials guide compares how states treat reviews.
Specialist and certified
Delaware lawyers may say "specialist", but "certified" needs an approved certifier, named.
Rule 7.4 separates two claims: practicing in a field, which is generally fine, and being certified, which has conditions.
- Fields (7.4(a) and comment [1]): a lawyer may say they do or don't practice in particular fields, and is "generally permitted" to say they're a "specialist" or "specialize in" fields, subject to Rule 7.1.
- Certification (7.4(d)): no stating or implying certification as a specialist unless the certifier is approved by an appropriate state authority or accredited by the American Bar Association, and its name is "clearly identified".
- Why the name matters (comment [3]): so consumers can find out about the certifying organization.
- Patent and admiralty (7.4(b) and (c)): "Patent Attorney" and "Proctor in Admiralty" or similar designations are allowed.
The rules we read don't name a Delaware body that approves certifiers, so an ABA-accredited program is the safe route for a certification claim. For estate planning firms, we write "focuses on wills, trusts and estates" unless a lawyer holds a named, accredited certification. West Virginia goes further and bars certification claims entirely; see our West Virginia guide.
Direct contact and paying for clients
Delaware bans live solicitation, labels targeted messages, and allows pay-per-lead in its comments.
Rule 7.3 sets the contact rules. Rule 7.2(b) and comment [5] set what a lawyer may pay for.
- No live solicitation (7.3(a))
No in-person, live telephone or real-time electronic solicitation for pecuniary gain, unless the person is a lawyer or has a family, close personal or prior professional relationship with you. Comment [3] to Rule 7.2 points out the ban covers real-time electronic exchanges the lawyer starts.
- Never, in any form (7.3(b))
Not after the person has said they don't want to be solicited, and never with coercion, duress or harassment. Comment [6] says further efforts after an unanswered letter may violate the rule.
- "Advertising Material" (7.3(c))
On the outside envelope, if any, and at the beginning and end of any recorded or electronic message soliciting someone known to need legal help in a particular matter. Comment [8] says replies to requests for information don't need it.
- Paying for leads (7.2(b) and comment [5])
Allowed: advertising costs, the usual charges of a legal service plan or a not-for-profit or qualified referral service, and buying a practice. Comment [5] permits paying for leads if the generator doesn't recommend you, payment fits Rules 1.5(e) and 5.4, and it doesn't imply a recommendation, a free referral, or an analysis of the person's problem.
A "qualified" referral service, under Rule 7.2(b)(2), is one approved by an appropriate regulatory authority. Rule 7.2(b) also opens with "Except as permitted by Rule 1.5(e)", so fee splits between lawyers follow that rule. Our paying for leads guide compares how other states handle lead platforms. Pennsylvania's newer text is in our Pennsylvania guide.
By channel
What Delaware's rules mean for each marketing channel.
No Delaware rule names Google, Meta or ChatGPT. Comment [3] to Rule 7.2 calls television, the internet and other electronic communication "among the most powerful media" for reaching the public.
| Channel | What the rule means there | Rule |
|---|---|---|
| Google search ads | A responsible lawyer or firm name and office address in the ad; we pin them to description position 1, which Google says always shows | 7.2(c) |
| Local Services Ads | No Delaware rule or court page we read mentions them; the listing is still a communication needing name and office address | 7.1, 7.2(c) |
| Facebook and Instagram ads | Name and office address in the ad text or creative; results framed with context | 7.1, 7.2(c) |
| Social media posts | Posts are communications; a live chat or DM exchange you start with a prospect about their matter is real-time electronic solicitation | 7.3(a) |
| Website and AI search content | Every page that ChatGPT and Google's AI answers read must meet Rule 7.1; the site shows the office address | 7.1, 7.2(c) |
Short formats are where Delaware ads fail, because a 90-character description has to carry a name and a street address. We write that line once as a pinned description, use it in every ad group, then build the rest of the Google Ads copy around it.
What we check
When we review a Delaware firm's ads, the name-and-address line is the first thing we look for.
Delaware's rules are familiar to anyone who knows the ABA model, so the checks focus on the parts firms skip.
Name and office address everywhere
Search, Meta, video and display ads each carry a responsible lawyer or firm name and a real office address.
Certification wording
"Certified" appears only with an approved or ABA-accredited certifier, named in full.
Results with context
Each verdict or settlement gets the line that keeps it from implying the next client's outcome.
Live chat and calls
Website chat answers people who start it; no one on the firm's side opens a live exchange with a stranger about their matter.
Lead vendors
Any paid lead source is checked against comment [5]: no recommending, no "free referral" wording, no case analysis.
In our client work, we write ads that say plainly who the lawyer is and where they practice. One family law firm's case study is $37,000 Closed in Month One. Another firm's is A Full Practice Pivot, Backed by AI Visibility. Our Facebook and Instagram ads service covers how we build them.
Common mistakes
Where firms go wrong.
The Delaware mistakes we see most in marketing firms bring to us.
No office address in the ad
Rule 7.2(c) asks for the name and office address of a responsible lawyer or firm in every communication.
"Certified" with no certifier
Rule 7.4(d) allows certification claims only from an approved or ABA-accredited organization, clearly named.
Unlabeled follow-up emails
Rule 7.3(c) requires "Advertising Material" at the beginning and end of electronic solicitations to people known to need help.
Starting live chats with prospects
Rule 7.3(a) bans real-time electronic solicitation the lawyer initiates, outside the listed relationships.
A lead vendor that "matches" clients
Comment [5] to Rule 7.2 bars paying a lead generator that implies it recommends you or analyzed the person's problem.
Real results
What this looked like for real firms.
Results from ads that say plainly who the lawyer is and what they do.
Identifying details are anonymized to protect our clients. Individual result, not a promise or prediction of any specific outcome for your firm.
FAQ
Questions lawyers ask us.
Straight answers to the questions that come up most.
Do Delaware lawyers have to file ads?
No. Delaware has no filing or pre-approval requirement. The Office of Disciplinary Counsel's Ethics Hotline gives informal, non-binding guidance on contemplated conduct, which is the place to ask before running something new.
What must every Delaware lawyer ad include?
The name and office address of at least one lawyer or law firm responsible for its content, under Rule 7.2(c). Targeted solicitations also carry "Advertising Material" under Rule 7.3(c).
Can Delaware lawyers call themselves specialists?
Comment [1] to Rule 7.4 says a lawyer is generally permitted to say they're a specialist, subject to Rule 7.1. A claim of certification is different: Rule 7.4(d) requires an approved or ABA-accredited certifier, named in the communication.
Can Delaware lawyers pay for leads?
Yes, under comment [5] to Rule 7.2, if the lead generator doesn't recommend the lawyer, payment is consistent with Rules 1.5(e) and 5.4, and its communications don't imply a recommendation, a free referral, or an analysis of the person's legal problem.
Can a Delaware lawyer text someone who needs a lawyer?
A text isn't named in Rule 7.3(a), which bans in-person, live telephone and real-time electronic solicitation. In our reading, a text exchange that becomes real time is risky; a written text to someone known to need help is a solicitation that carries "Advertising Material". Replying to someone who asked isn't solicitation.
Do Delaware firms that also practice in Pennsylvania follow both rules?
Each state's rules apply to its own lawyers and their ads there, so a firm licensed in both checks every shared ad against both. Pennsylvania rewrote its rules in 2024, and Maryland's differ again; see our Maryland guide.
Where we do this
The services this guide touches.
What this looks like when we run it for a firm, with a demo for your practice on each page.
Sources
Where these facts come from.
Official pages we read when writing this page. Platforms and rules change, so check the current version before you act on any of it. This is marketing guidance, not legal advice.
- Delaware Courts, Office of Disciplinary Counsel, Rules (links the current Delaware Lawyers' Rules of Professional Conduct)
- Delaware Courts, Delaware Lawyers' Rules of Professional Conduct with Comments (Rules 7.1 to 7.5; compilation with amendments through November 20, 2025)
- Delaware Courts, Office of Disciplinary Counsel
- Delaware Courts, Office of Disciplinary Counsel, Ethics Hotline for Lawyers
- Delaware Courts, Office of Disciplinary Counsel, FAQs for Lawyers (bona fide office)
Written by
Founder of Ad Hoc Digital. Leads strategy and works directly with every client firm on AI search, Local Services Ads, Google Ads and Meta ads.
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