Scales of justice beside a laptop representing legal rules for online advertising

Last reviewed August 9, 2026. This article provides general information and is not legal advice.

National articles about lawyer advertising often begin with ABA Model Rules 7.1, 7.2, and 7.3. Those rules are important reference points, but they are not the disciplinary code that directly governs a Kentucky lawyer. Kentucky lawyers must begin with the Rules of the Supreme Court of Kentucky, particularly SCR 3.130.

Quick Answer: Do the ABA Model Rules Control Kentucky Lawyer Advertising?

No. The American Bar Association explains that its Model Rules of Professional Conduct serve as models for jurisdictions. The ethics rules, laws, and decisions adopted in each jurisdiction control there. Kentucky has adopted its own structure, numbering, administrative commission, and several requirements that do not appear in the same form in the current ABA model.

How Do the Truthfulness Rules Compare?

ABA Model Rule 7.1 prohibits false or misleading communications, including material misrepresentations and misleading omissions. Kentucky’s SCR 3.130(7.10) uses materially similar black-letter language.

The shared principle is straightforward: truthfulness applies to the communication as a whole. A technically accurate number, award, testimonial, or biography can still mislead if it invites an unsupported conclusion or leaves out a necessary qualification. Kentucky lawyers must also account for AAC Regulation No. 1, which provides Kentucky-specific treatment of office locations, results, testimonials, comparisons, actors, and other content.

How Do the General Advertising Rules Compare?

ABA Model Rule 7.2 permits communications through any media, restricts payment for recommendations, regulates specialty certification claims, and requires responsible-party contact information. Kentucky separates similar concepts across multiple provisions:

SCR 3.130(7.20): electronic advertising, payment for advertising, responsible-party information, performance and referral disclosures, and retention.
SCR 3.130(7.40): fields of practice and certified specialization.
SCR 3.130(7.50): firm names, professional designations, and jurisdictional limitations.

This numbering difference matters. A marketer searching only for “Kentucky Rule 7.2” may land on deleted or superseded material. The KBA’s current advertising-rule index identifies the provisions in force.

How Do the Solicitation Rules Differ?

The current ABA Model Rule 7.3 defines solicitation and prohibits certain financially motivated live person-to-person contacts. Its comment says ordinary websites, banner ads, and automatically generated search responses are not solicitation.

Kentucky places solicitation in SCR 3.130(4.5), not Rule 7.3. Kentucky generally prohibits financially motivated solicitation through in-person, live telephone, or real-time electronic means unless an exception applies. Kentucky also retains an “Advertising Material” requirement for written, recorded, or electronic communications sent to someone known to need legal services in a particular matter. The 2020 amendment added the subject-line requirement for email and clarified that responses to inquiries initiated by potential clients are not prohibited.

This is one of the clearest reasons not to substitute an ABA checklist for a Kentucky review. The treatment of targeted email, direct messages, and real-time chat should be analyzed under Kentucky’s actual text.

Does Kentucky Have a Special Advertising Commission?

Yes. Kentucky’s Attorneys’ Advertising Commission administers the state advertising provisions and publishes advertising regulations. Under SCR 3.130(7.03), a lawyer may request an advisory opinion about an advertisement. The current process is voluntary and carries a $75 filing fee.

The ABA Model Rules do not create a comparable Kentucky administrative process. A national article may therefore omit an option that can be valuable to a Kentucky lawyer evaluating a new campaign.

What Kentucky Requirements Deserve Separate Attention?

Two-year retention: Kentucky requires a copy or recording of advertisements and a record of when and where they were used.
Who performs the service: ads using a lawyer’s name or image may need a prominent disclosure that another lawyer will perform the work.
Kentucky licensure: an advertisement must disclose when the featured lawyer is not licensed to perform the advertised service in Kentucky.
Referral purpose: an advertisement seeking matters for referral to another lawyer or firm must disclose that purpose prominently.
Office geography: Kentucky’s AAC regulation addresses misleading office locations, area codes, and toll-free numbers.

Can ABA Guidance Still Help a Kentucky Lawyer?

Yes, when used carefully. ABA comments and formal opinions can illuminate new technology and professional-responsibility concerns, particularly where Kentucky authority is limited. KBA Ethics Opinion E-455, for example, discusses website intake warnings and quotes ABA Formal Opinion 10-457 favorably.

But persuasive guidance should be checked against Kentucky’s current text. Kentucky may use different language, retain a requirement the ABA removed, or place the rule in a different section.

Conclusion: Use the ABA as a Reference, Not a Replacement

For a Kentucky campaign, use this order of operations: read the current Kentucky Supreme Court Rules; review the KBA’s advertising regulations and opinions; identify applicable Kentucky statutes or decisions; and then consult ABA guidance for additional analysis. That approach captures both the national framework and the requirements that are specifically enforceable in Kentucky.

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