Kentucky rules
Should a Kentucky law firm get an advisory opinion on its ads, and what must they say?
Kentucky ads aren't filed, but a $75 advisory opinion buys protection. The Commission's regulations, the results rules, and the 30-day statute on accident contact.
By Santiago Alvarez, Founder, Ad Hoc Digital
Last updated
The short answer
If you read one part of this page, read this.
Kentucky lawyer advertising is governed by Supreme Court Rule 3.130, Part 7 (SCR 3.130(7.01) to (7.60)), in force since January 1, 2016, plus regulations issued by the Kentucky Bar Association's "Attorneys' Advertising Commission". Filing is optional. A lawyer may ask the Commission for an advisory opinion on an ad for a $75 filing fee; the Commission answers within 30 days, and an ad found compliant can't be the basis for discipline unless it, or what was submitted, is false, misleading or deceptive.
The content rules are detailed. Every ad includes the name and office address of at least one lawyer, or a law firm name (7.20(3)). Commission Regulation No. 1 says results ads need the specific factual and legal circumstances of the case, and Regulation No. 14 says "no fee unless we recover" needs a statement about court costs and case expenses.
Contact after an accident is limited twice: by SCR 3.130(4.5) after a disaster, and by a criminal statute, KRS 21A.300, for 30 days. 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
Kentucky numbers its ad rules from 7.01 to 7.60, with solicitation moved to 4.5.
The Supreme Court of Kentucky adopted the current Part 7 by Order 2015-20, effective January 1, 2016. The KBA links to the rule text on govt.westlaw.com, which shows it current through October 1, 2026.
| Rule | What it covers | Marketing effect |
|---|---|---|
| 7.01 | Definitions: an advertisement is any information containing a lawyer's name or other identifying information | Almost everything counts, except a professional card, a bare public service announcement and an office sign |
| 7.02, 7.03, 7.04 | The Commission, advisory opinions and its records | Optional review for $75 an ad, with a safe harbor |
| 7.10 | No false, deceptive or misleading communication | The Commission's regulations apply it in detail |
| 7.15 | Advertised fees for routine services | Perform the service for the advertised amount |
| 7.20 | Advertising: payments, required content, who appears, records | Name and office address; the lawyer pictured does the work unless disclosed |
| 7.40, 7.50 | Fields of practice; firm names | Certification claims only with a named, approved certifier |
| 7.60 | KBA Disaster Response Plan | Defines the disasters that trigger the 30-day rule in 4.5(4) |
| 4.5, 4.6 | Solicitation; fee forfeiture for prohibited solicitation | Formerly 7.09 and 7.10, per the KBA's Advertising Rules page |
Later orders amended 7.03, 7.20 and 4.5 (Order 2020-03, effective March 1, 2020) and 7.02 (Order 2022-42, effective August 15, 2022). Kentucky's Part 7 dates from 2016 and is filled out by the Commission's regulations. Our ABA Model Rules guide explains the national model text.
Advisory opinions
Kentucky filing is optional: $75 buys an advisory opinion and protection if you follow it.
The KBA's advertising page says that since January 1, 2016 the Supreme Court Rules govern "only one type of review": the advisory opinion under SCR 3.130(7.03).
Write the request
A lawyer signs a written request. The KBA page says the cover letter must cite SCR 3.130-7.03 or specifically ask for an advisory opinion.
Send three copies and the fee
Three copies of the ad go to the Commission, care of the KBA's Director, with $75 per ad. Ads over 100 pages, or audio or video over 10 minutes, add a $100 supplemental fee (7.03(2)).
Use the right format
Broadcast ads go in as three recordings with three typed transcripts. Websites go in as PDF; the KBA page accepts paper or a flash drive with numbered pages.
Wait up to 30 days
The Commission issues its opinion within 30 days of receipt (7.03(1)); for broadcast, Regulation No. 5 starts the clock once the recordings, transcript and fees are all in.
Fix and resubmit if needed
If the ad doesn't comply, an advisory letter explains why, and a corrected ad that follows it goes back with no additional fee.
The payoff is 7.03(3): a lawyer whose ad was found compliant "shall not be disciplined for any use of that advertisement", unless the ad, or information given to the Commission, is false, misleading or deceptive. For TV and radio, we think that protection is worth the $75. For search ads that change weekly, the fee per version adds up, so we keep the copy inside the rules and reserve submissions for the ads that will run longest.
What every ad must include
A name and office address, honest phone numbers, and disclosures about who does the work.
SCR 3.130(7.20) sets the required content, and Regulation No. 1 adds what an ad must include to avoid a misleading omission.
- Name and office address (7.20(3)): "the name and office address of at least 1 lawyer or the name of a law firm." The Kentucky lawyers are responsible for the content.
- Who appears (7.20(5)): a lawyer whose name or image presents the ad must be the one who will do the work, unless the ad prominently says others may. A lawyer not licensed in Kentucky must say so, and an ad run to refer cases elsewhere must say that prominently.
- Office and phone (Regulation No. 1, C.1): an ad can't misrepresent where a bona fide office is. A phone number with an area code where the firm has no bona fide office needs a statement saying so, and a toll-free number needs the location of the office doing the work.
- Money claims (Regulation No. 1, C.2): an ad that refers to recovering money includes "an appropriate explanation of the legal requirements for such recovery".
- Fees (Regulation No. 14): "no fee unless there is a recovery" wording needs a statement that the client may owe court costs or case expenses, and any stated percentage says whether it's computed before or after them. SCR 3.130(7.15) says an advertised routine fee must be honored.
- Records (7.20(6)): keep a copy or recording of every ad, with when and where it ran, for two years after last use, longer if a disciplinary matter is pending. PDF copies are allowed.
- Letters and emails to people known to need help (4.5(3)): "Advertising Material" on the envelope, in the email subject line, and at the beginning and end of any recorded or electronic message.
Call tracking can break the area-code rule. A tracking number from another region, or a vanity toll-free number with no office location, can trip Regulation No. 1. Our ad copy rules guide covers fitting these lines into short formats.
Results, testimonials and dramatizations
Kentucky's regulation lets general testimonials run and puts conditions on everything about results.
Regulation No. 1, Part D applies SCR 3.130(7.10) to statements likely to create unjustified expectations or unsubstantiated comparisons.
| Content | Kentucky's rule | Section |
|---|---|---|
| General testimonials | Praise for service quality or satisfaction, in general terms and not tied to a particular matter, "will ordinarily not be considered to create unjustified expectations" | D.1 |
| Results, verdicts and verdict records | May create unjustified expectations unless the ad includes the specific factual and legal circumstances, such as the facts, the law, whether it's on appeal, and any later settlement | D.2 |
| Claims of more success than others | Only if substantiated by information given to the Commission, which looks for objective information and "a statistically meaningful volume of data" | D.4 |
| Implying results regardless of merits | Not allowed, including implying opponents will cooperate because you're the lawyer, unless substantiated | D.5 |
| Actors, non-lawyers and props | A violation where an actor implies being a real client, a non-lawyer implies being a lawyer, or a prop implies it was in a real case, and that is a material misrepresentation | B.5 to B.7 |
In practice, a client video that says "they treated me like family" can run; a video that says "they got me $200,000" needs the case's factual and legal context in the ad itself, which few short ads can carry. Our testimonials guide compares other states. How we film within limits like these is in our Facebook ad creative guide.
Specialist and certified
Kentucky doesn't certify specialists, so a certification claim needs an approved outside certifier.
SCR 3.130(7.40)(4) bars stating or implying certification as a specialist unless three conditions are met. The Disaster Response Plan in 7.60(8)(j) states it plainly: "Kentucky law does not certify specialties".
- The certifier: an organization approved by an appropriate state authority, or accredited by the American Bar Association (7.40(4)(a)).
- The name: the certifying organization is clearly identified in the communication (7.40(4)(b)).
- The timing: the claim runs only while the lawyer stays certified and in good standing (7.40(4)(c)).
Direct contact and paying for clients
Kentucky restricts accident contact in a court rule and in a criminal statute.
SCR 3.130(4.5) covers solicitation by lawyers. KRS 21A.300 to 21A.320 add a 30-day ban that applies to lawyers and lawyer referral services and carries a criminal penalty.
- Live solicitation (4.5(1))
No in-person, live phone or real-time electronic solicitation for pecuniary gain, directly or through another person, unless the person is a lawyer, immediate family or a prior client, or the lawyer is advocating a public interest issue without a significant money motive.
- After a disaster (4.5(4))
No communication to people involved in a disaster as defined in SCR 3.130(7.60), such as an air crash, major fire or major traffic accident, until 30 days have passed.
- KRS 21A.300 and 21A.310
For 30 days after the filing of a criminal or civil action, a claim for damages, a traffic citation, an injury, accident or disaster, a lawyer or lawyer referral service may not directly solicit the victim or a relative, or knowingly let someone do it for them. A violation is a Class A misdemeanor, and the Supreme Court may also discipline the lawyer. KRS 21A.320 keeps advertising to the general public allowed.
- Fee forfeiture (4.6)
Fees from a client obtained by illegal or unethical solicitation are deemed waived and forfeited and must be returned.
- What you may pay for (7.20(2))
Reasonable advertising costs, the usual charges of a legal service plan or a not-for-profit lawyer referral service, buying a practice, and non-exclusive reciprocal referrals the client is told about. The rule text doesn't mention lead generators; a pay-per-lead service is a question to put to the Commission or the KBA. Our paying for leads guide compares how other states answer it.
Channel by channel
Kentucky's rules on search ads, Local Services Ads, social and AI search content.
Kentucky's rules and regulations don't name platforms, but Regulation No. 1 says it applies to communications "accessible to the public on the Internet", so every row below is in scope.
| Channel | What the rule means there | The rule |
|---|---|---|
| Google search ads | Name and office address or firm name in a pinned position; "no fee" copy needs the costs statement | 7.20(3); Regulation No. 14 |
| Local Services Ads | Google charges per valid lead; no Kentucky rule or regulation we read mentions the program, so 7.20(2) is the test | 7.20(2) |
| Facebook and Instagram ads | Client videos stay general unless the ad carries the case's facts and law; actors can't imply they're clients | Regulation No. 1, B.6, D.1, D.2 |
| Social media posts | A post with the firm's name is an advertisement under 7.01(1) and goes in the two-year file | 7.01(1); 7.20(6) |
| Website and AI search content | Pages, FAQs and profiles that AI search tools may quote are covered; success claims need data the Commission would accept | Regulation No. 1, A.3(d), D.4 |
Our Local Services Ads vs Google Ads guide explains how each one charges. Our AI search service writes the website content AI tools quote.
What we check
Our Kentucky review, and when we suggest an advisory opinion.
When we review a Kentucky firm's ads, we start with the phone numbers and fee lines, because Regulation No. 1 and Regulation No. 14 set Kentucky's own tests for both.
Check every number
Tracking and vanity numbers either match an area where the firm has a bona fide office or carry the required statement.
Fix the fee line
"No fee unless we recover" gets the costs and expenses statement, and any percentage says whether it's before or after costs.
Sort the testimonials
General praise runs. Anything about a specific result either carries the case's factual and legal circumstances or comes out.
Match the face to the work
If a lawyer appears in the ad, that lawyer handles the cases, or the ad says others may.
Pick ads for an advisory opinion
TV, radio and long-running video go to the Commission before launch; we list them with the fee and the 30-day window in the launch plan.
One case study, $82,000 in Revenue From Just One Case, is from an injury firm, and the amount is the firm's result, not an ad claim. Our Google Ads service builds within Kentucky's rules. For that practice, see our personal injury marketing page. Compare Tennessee's rules if you advertise across the state line.
Common mistakes
Where firms go wrong.
Kentucky mistakes we look for in accounts firms bring to us.
A tracking number from the wrong area code
Regulation No. 1 requires a statement when the area code is somewhere the firm has no bona fide office.
"We've won millions"
Regulation No. 1, D.2 and D.4 require the specific case circumstances for results and substantiated data for claims of greater success.
A spokesperson who isn't the lawyer
SCR 3.130(7.20)(5) requires the pictured lawyer to do the work unless the ad prominently discloses others may, and Regulation No. 1 bars actors posing as clients where it misleads.
Letters in the first 30 days
KRS 21A.300 makes direct solicitation of accident victims or relatives within 30 days a Class A misdemeanor under 21A.310.
No two-year archive
SCR 3.130(7.20)(6) requires keeping every ad, with when and where it ran, for two years after last use.
Real results
What this looked like for real firms.
Published injury and DUI results, from firms whose stories don't name their state.
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 Kentucky lawyers have to file their ads?
No. Since January 1, 2016, review is optional: a lawyer may request an advisory opinion from the Commission under SCR 3.130(7.03). The KBA's page says every ad submitted for an opinion incurs a filing fee.
How much does a Kentucky advisory opinion cost?
$75 per advertisement, plus a $100 supplemental fee for ads over 100 pages or audio and video over 10 minutes. A corrected ad that follows the Commission's advisory letter can be resubmitted with no additional fee.
Can Kentucky lawyers use client testimonials?
Yes. Regulation No. 1 says general testimonials about service quality or satisfaction that don't refer to a particular matter ordinarily aren't misleading. Testimonials about results fall under the results rules in Part D.
Can I contact accident victims in Kentucky?
Not directly for 30 days. KRS 21A.300 bars direct solicitation of a victim or relative for 30 days after the injury, accident, disaster, citation or filing, and SCR 3.130(4.5) bans live solicitation of strangers at any time. Advertising to the general public stays allowed under KRS 21A.320.
Can a Kentucky lawyer say "certified specialist"?
Only if certified by an organization approved by an appropriate state authority or accredited by the ABA, with the certifier named and only while the certification lasts (SCR 3.130(7.40)(4)). Kentucky itself doesn't certify specialties.
How does Kentucky compare with other states?
Kentucky has a standing review body, though filing is optional. Our state-by-state list shows every state's filing rule. The rules hub compares the states with filing. Our South Carolina guide covers a state with similar fee disclosures.
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.
- Kentucky Supreme Court Rules, SCR 3.130(7.01) Definitions (govt.westlaw.com)
- Kentucky Supreme Court Rules, SCR 3.130(7.02) the advertising commission (amended eff. August 15, 2022)
- Kentucky Supreme Court Rules, SCR 3.130(7.03) Advisory opinions (amended eff. March 1, 2020)
- Kentucky Supreme Court Rules, SCR 3.130(7.10) Communications concerning a lawyer's service
- Kentucky Supreme Court Rules, SCR 3.130(7.15) Advertising of fees
- Kentucky Supreme Court Rules, SCR 3.130(7.20) Advertising (amended eff. March 1, 2020)
- Kentucky Supreme Court Rules, SCR 3.130(7.40) Communication of fields of practice
- Kentucky Supreme Court Rules, SCR 3.130(7.60) Kentucky Bar Association Disaster Response Plan
- Kentucky Supreme Court Rules, SCR 3.130(4.5) Solicitation of clients (amended eff. March 1, 2020)
- Kentucky Supreme Court Rules, SCR 3.130(4.6) Waiver and forfeiture of fees for prohibited solicitation
- Kentucky Bar Association, Office of Bar Counsel, lawyer advertising and advisory opinions
- Kentucky Bar Association, Office of Bar Counsel, advertising rules list
- Kentucky Bar Association, advertising commission Regulation No. 1: False, Deceptive and Misleading Advertising
- Kentucky Bar Association, advertising commission Regulation No. 5: Time Period for Review for Broadcast Media
- Kentucky Bar Association, advertising commission Regulation No. 14: Advertising of Fees
- Kentucky General Assembly, KRS 21A.300 (solicitation after an accident or disaster)
- Kentucky General Assembly, KRS 21A.310 (penalties)
- Kentucky General Assembly, KRS 21A.320 (permissible solicitation)
- Google Ads Help, About responsive search ads
- Google Local Services Help, How leads and charges work
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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