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Last reviewed August 9, 2026. This checklist is general information, not legal advice or an advisory opinion from the Attorneys’ Advertising Commission.

Kentucky lawyers do not have to submit every advertisement before it runs, but they remain responsible for compliance. The most reliable workflow is to review each campaign before launch, capture its final form, and retain the required records.

Quick Answer: What Are the Main Kentucky Bar Advertising Requirements?

A Kentucky lawyer’s advertisement must not be false, deceptive, or misleading. Depending on its content, it must identify the responsible lawyer or firm, accurately represent office locations and licensure, disclose who may perform the work or whether the matter will be referred, label certain targeted solicitations, and provide context for results or recovery claims. The lawyer must retain the ad and its usage record for two years after its last dissemination.

1. Identify the Responsible Lawyer or Firm

SCR 3.130(7.20)(3) requires advertising communications to include the identifying information specified in the rule. The Kentucky lawyer or lawyers are responsible for the content. A website should prominently identify the firm rather than operating only under a generic domain or lead-generation brand.

KBA Ethics Opinion E-427 addressed domains and websites. Although it predates the 2016 rule revision, its warning remains useful: a domain cannot substitute for a clear firm identity, and the overall communication must not mislead users about who offers the services.

2. Verify Every Office and Geographic Claim

Kentucky AAC Regulation No. 1 defines a bona fide office as a physical location where the lawyer or firm reasonably expects to furnish legal services substantially, regularly, and continuously. An advertisement must not misrepresent that location.

The regulation also addresses phone numbers. If an area code implies an office in a region where the firm has no bona fide office, a clarifying statement may be required. A toll-free number must be accompanied by the location of the bona fide office or offices where a substantial amount of the work will be performed. Apply the same review to city landing pages, location schema, map listings, and directory profiles.

3. Disclose Who Will Perform the Advertised Service

If an advertisement uses a lawyer’s name or image to present the message, Rule 7.20(5) says that lawyer must actually perform the advertised service unless the ad prominently discloses that other lawyers may perform it. This prevents a well-known spokesperson from creating a false impression about who will handle the matter.

4. Disclose Kentucky Licensing Limitations

When the lawyer whose name or image appears in the advertisement is not licensed to perform the services in Kentucky, that fact must be disclosed. Multi-jurisdictional firms should also review SCR 3.130(7.50), which addresses firm names and jurisdictional limitations.

5. Disclose When the Campaign Is Seeking Referral Matters

If the advertising firm is seeking clients for the purpose of referring them to another lawyer or firm, Rule 7.20(5) requires a prominent disclosure. The intake process and financial arrangement also need separate review under rules governing recommendations, referrals, fee division, and professional independence.

6. Qualify Results, Recoveries, and Comparative Claims

Regulation No. 1 says an advertisement referring to the recovery of money must include an appropriate explanation of the legal requirements for recovery. Advertisements discussing particular verdicts or settlements can create unjustified expectations unless they provide sufficient factual and legal context. Claims that a firm is more successful than other firms require factual substantiation supported by objective, statistically meaningful information.

Keep the support file with the advertising record. It should contain the underlying source, calculation, time period, definitions, and approvals for any measurable claim.

7. Treat Fee Advertising as a Commitment

Under SCR 3.130(7.15), a lawyer advertising a fee for routine services and accepting the employment must perform those services for the advertised amount. Upon request, the lawyer must provide the Commission and each prospective client with a detailed description of what the routine service includes.

State what is included, what is excluded, and whether costs or expenses are additional. Review landing pages, call scripts, and intake follow-up so they do not contradict the advertisement.

8. Label Targeted Solicitation When Required

Certain written, recorded, or electronic communications directed to someone known to need legal services in a particular matter must include “Advertising Material.” For email, the 2020 amendment requires the phrase in the subject line and at the beginning and ending of the electronic communication, unless an exception applies. This is not a universal label for every public web page. See the full guide to Kentucky online solicitation.

9. Retain the Advertisement for Two Years

Rule 7.20(6) requires the lawyer to retain:

A copy or recording of every advertisement used.
A record of when and where it was used.
The material for two years after its last dissemination.

If a disciplinary action is pending, retention continues until the proceeding ends. A defensible digital archive should preserve screenshots or PDFs, videos, audio, ad-platform exports, email versions, landing-page versions, targeting notes, dates, and substantiation.

10. Decide Whether to Request AAC Review

Under SCR 3.130(7.03), a lawyer may request an advisory opinion from Kentucky’s Attorneys’ Advertising Commission. The request is written, carries a $75 filing fee, and generally receives an opinion within 30 days. Websites must be provided in the format described by the current rule and KBA instructions.

The KBA advertising FAQ identifies three common oversights: the “Advertising Material” label when applicable, firm location, and disclosure that services may be performed by others.

Conclusion: Make Compliance Part of Production

Do not wait until an advertisement is live to ask who approved it, where it ran, or what evidence supports it. Build the Kentucky review into the creative brief, attorney approval, vendor instructions, and archive. That produces better marketing and a much cleaner compliance record.

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Kentucky Bar Advertising Requirements: Disclosures, Recordkeeping, and AAC Review