A specialist employment lawyer runs Google Ads with the slogan "We'll win your case." A criminal defense lawyer advertises himself on flyers as "Germany's best criminal defense lawyer." A law firm publishes client reviews on its website – without the clients' consent. All three fall victim to one of the most common mistakes in legal marketing: They unknowingly violate professional advertising regulations.
The basic rule according to BRAO § 43b The rule is: Lawyer advertising is generally permitted – as long as it is factual and professional, not aimed at securing a specific mandate in a particular case, and does not use inaccurate or misleading information. This guide explains what that means in practice, what falls into a gray area, and what is definitely prohibited.
Overview of the legal framework
Lawyer advertising in Germany is regulated by two sources:
BRAO § 43b (Federal Lawyers' Act)
The key clause permits advertising, provided it is "objective and professionally relevant." Specifically, this means: no blatant or promotional statements, and no advertising aimed at securing a specific mandate in a specific matter (that would constitute impermissible solicitation). Anything beyond a general description of services requires a sound basis.
BORA § 6 (Professional Code of Conduct for Lawyers)
Section 43b of the German Federal Lawyers' Act (BRAO) specifies this. Among other things, it stipulates that comparative advertising is only permissible under strict conditions and that advertising must not damage the reputation of the legal profession. Section 6, paragraph 1 of the German Federal Lawyers' Professional Code of Conduct (BORA) further specifies that advertising must not be aimed at acquiring individual clients by contacting people who are involved in a specific legal case (so-called "ambulance chasing").
A notice: The specific interpretation of these regulations has evolved through case law of the Federal Court of Justice (BGH). In particular, BGH rulings NJW 2001, 2087 and NJW 2013, 2522 have significantly liberalized the limits of permissible lawyer advertising. Much of what previous bar associations prohibited is now expressly permitted.
What is allowed? 10 concrete measures
These measures are expressly permitted according to BRAO §43b and BORA §6:
- Professional website showcasing services
The law firm website, descriptions of legal areas, qualifications, and specializations are permitted without restriction. Mentioning specialist lawyer titles is also permissible, provided these have actually been awarded. - Google Business Profile and industry directories
Maintaining and optimizing your Google business profile is permitted. Likewise, listings in lawyer directories such as anwalt.de or rechtsanwalt.com are allowed. - Google Ads and Facebook Ads
Paid search ads are permitted as long as the ad text is factual and does not contain any guarantees of success or misleading statements. - Content marketing and blog
Legal articles, guides, FAQs and explanatory content are one of the most effective and least risky forms of advertising for lawyers. - Reviews and testimonials
Client reviews on Google, websites, or directories are permitted, provided they are voluntary and authentic. Fake or purchased reviews are problematic under both professional and competition law. - Social Media
LinkedIn, Instagram, and Facebook are permitted. The same content rules apply as for other advertising platforms: factual and not misleading. - Newsletters and email marketing
Email marketing is permitted without restriction to existing clients and individuals who have expressly consented (double opt-in). - Lectures, webinars and press articles
Expert contributions in specialist media, guest lectures and webinars are not only permitted, but highly recommended for building reputation. - Success figures and statistics
„Over 300 successfully completed cases“ or „success rate of 78 % in employment law cases“ are permitted if the figures are substantiated and correctly calculated. - Specialist lawyer titles in advertising
Using the title of specialist lawyer in advertising is not only permitted, but also strategically valuable from an SEO perspective.
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What is prohibited? 8 typical violations
These measures violate BRAO §43b, BORA §6 or the UWG:
- Guarantees of success
„Statements like "We will win your case" or "Guaranteed success" are inadmissible. A guarantee of success is factually incorrect (no lawyer can guarantee a verdict) and misleading according to Section 43b of the German Federal Lawyers' Act (BRAO). Even indirectly guaranteeing formulations like "Your rights – guaranteed" are risky. - Superlatives without evidence
„Claims such as "Germany's best criminal defense lawyer," "No. 1 for employment law," or "Superior legal expertise" are inadmissible without objectively verifiable evidence. However, references to excellent rankings (e.g., FOCUS lawyer lists) are permitted. - Comparative advertising against specific competitors
„Statements like "We are better than law firm X" or directly soliciting clients from a named competitor are inadmissible under Section 6 of the German Federal Lawyers' Code of Conduct (BORA). General comparisons with one's own positioning ("Unlike large law firms, we offer personal service") are generally permitted. - Cold calling in known legal disputes (ambulance chasing)
The classic scenario: Someone has a traffic accident and shortly afterwards receives unsolicited mail from a law firm. This is explicitly prohibited under Section 6 Paragraph 1 of the German Federal Lawyers' Code of Conduct (BORA). The same applies to unsolicited telephone contact. - Misleading information regarding specializations
Anyone without a specialist lawyer title may not refer to themselves as a "specialist" or "certified specialist lawyer." Even descriptions like "specialized in employment law" can be problematic if no corresponding, verifiable qualification exists. - Client data used for advertising without consent
Quoting clients (even anonymously, if identification is possible) without their explicit written consent violates client confidentiality and the GDPR. - Unsolicited mass email sending
Newsletters and law firm information may only be sent to individuals who have actively consented (double opt-in). Unsolicited email marketing is also prohibited under competition law according to Section 7 Paragraph 2 of the German Act Against Unfair Competition (UWG). - Advertising that denigrates the profession
Sensationalist or sensationalist portrayals that damage the reputation of the legal profession are prohibited under Section 6, Paragraph 1 of the BORA (Professional Code of Conduct for Lawyers). This applies to both visual language and tone.
The gray area: What is legally controversial
Not everything is clearly black and white. These areas regularly lead to questions and should be handled with care:
Rating platforms and selective highlighting of ratings
It is generally permissible to prominently display positive reviews and omit negative ones – as long as no reviews are deleted or manipulated. The gray area begins when only hand-picked statements are actively presented, creating a distorted picture.
„"Free initial consultation" as a marketing tool
Generally permitted, but: If the free consultation is aimed at acquiring specific clients without actually providing advice, this can be considered misleading. From a GDPR perspective, the data protection information must also be compliant.
AI-generated content
The use of AI-generated texts is not prohibited per se, but: content must be factually accurate and reviewed by a lawyer. Inaccurate legal representations in one's own advertising can lead to liability risks and violate the principle of objectivity.
Ranking seals and awards
FOCUS Special, JUVE Handbook, Legal 500 and similar rankings may be used in advertising. Problems arise with seals that are awarded for money or lack verifiable criteria – these pose a risk of misleading advertising under the German Unfair Competition Act (UWG).
Best Practices: How to advertise legally and effectively
- Substantiate every quantitative statement. Success figures, average ratings, and procedural statistics must be internally documented and verifiable.
- Obtain written consent from clients before using their statements or cases – even anonymized – in advertising.
- Double opt-in for all newsletters and email communication – no exceptions.
- Formulate specialization statements precisely: „Focus on family law“ instead of „specialist“ if no specialist lawyer title is held.
- Have your advertising copy reviewed by the relevant bar association or a colleague specializing in legal practice before its first use – especially for new campaigns.
- Keep all advertising materials up to date: Outdated review data, inactive social media profiles, or outdated law firm information can be considered misleading.
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Frequently Asked Questions
May I disclose my success rate in advertising?
Yes – if the number is calculated correctly and can be verified. A statement such as "78% of our employment law cases end with a solution advantageous to the client" is permissible under Section 43b of the German Federal Lawyers' Act (BRAO), provided the calculation is transparent and comprehensible. Not permitted: statements like "We always win" or unsubstantiated percentages.
Are client reviews allowed on the law firm's website?
Yes – with the client's written consent. Testimonials and reviews are generally permissible. Consent should be documented. Complete anonymization (no name, no legal field, no identifying details) is recommended if no explicit consent to being named has been obtained.
May I mention other law firms in my advertising?
Generally, no – direct denigration is prohibited. Comparative advertising that disparages specific competitors is inadmissible under Section 6 of the German Federal Lawyers' Code (BORA) and the German Act Against Unfair Competition (UWG). General positioning statements that differentiate a firm from a particular category of law firm (e.g., "personal service instead of an anonymous large firm") are permitted, however, as long as no specific names are mentioned.
Can I call myself a "specialist" without a specialist lawyer title?
No – the term „specialist“ is problematic without a specialist lawyer title. According to the German Federal Court of Justice (BGH) case law (e.g., BGH NJW 2013, 2522), the term "specialist" is misleading without corresponding qualifications. However, terms like "focus" or "many years of experience in the field of…" are permissible if the statement is factually accurate.
Are Google Ads allowed for lawyers?
Yes – Google Ads are expressly permitted for law firms. Search ads fall under the generally permitted advertising provisions of Section 43b of the German Federal Lawyers' Act (BRAO). Please note: Ad texts must be factual, contain no guarantees of success, and correctly state the law firm's name. Irreversible keyword targeting (e.g., using a competitor's name as a keyword) can be problematic under competition law.
Is a law firm allowed to advertise free initial consultations?
Yes – advertising a free initial consultation is allowed. The prerequisite is that the consultation actually takes place and is genuinely informative. Purely "initial consultations" that serve solely to acquire clients without providing any real advice can be considered misleading. The website's privacy policy must comply with the GDPR.
Conclusion
Since its liberalization by the Federal Court of Justice (BGH), advertising by lawyers is considerably broader than many lawyers assume. Most modern marketing measures – from Google Ads to content marketing and social media – are expressly permitted under Section 43b of the Federal Lawyers' Act (BRAO) and Section 6 of the Professional Code of Conduct for Lawyers (BORA). The limits are reached where advertising is misleading, aims at specifically soliciting clients in individual cases, or denigrates the legal profession.
In practice, this means that those who know the basic rules have considerably more leeway than they probably realize. And those who systematically utilize this leeway give their law firm a measurable competitive advantage.
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