Advertising for Lawyers and Law Firms in Switzerland

Legal framework

Are lawyers now allowed to advertise? The simple answer is: Yes! In Switzerland, the legal profession is generally permitted to advertise. The specific regulation on this can be found in Art. 12 lit. d of the Federal Law on the Free Movement of Lawyers (BGFA).

They may advertise as long as it remains objective and meets the public's need for information.

The BGFA defines the term “advertising” as follows: Advertising means all communication that serves to encourage people to use the services offered by lawyers. This can even include a sign on a building with the name of the law firm if it draws attention to the lawyer's services in a way that is effective for the public.

The advertising must also meet the requirement of “objectivity” and the “public need for information”. The Federal Supreme Court has established in its case law that advertising by lawyers must not only comply with the requirements of the Federal Act against Unfair Competition (UWG), but must also be generally objective and restrained. Advertising methods that are sensationalist, intrusive or puffery are expressly prohibited.

See also our article on the decision of the Cantonal Court of St. Gallen, which had to decide a dispute between lawyers regarding law firm advertising.

Advertising that is informative in nature and meets the information needs of the public is permitted. This includes information about the existence of the law firm, its fields of activity, contact details and information about whether the person is active in an advisory or litigation capacity. The decisive factor for admissibility is whether the advertising offers a benefit to the respective audience without resorting to exaggerated advertising methods. Factual and sober representations are considered legitimate and permissible.

Disclaimer: Of course, this blog post is not legal advice. Please check the specific advertising measures individually.

Why is this an issue at all?

The professional rules for legally compliant advertising by lawyers have the following objectives:

To protect the reputation of the profession

Lawyers enjoy a special position of trust because they represent the legal interests of their clients. Excessive or intrusive advertising could damage the reputation of the profession and raise doubts about the independence or seriousness of lawyers. For example, it would be problematic if posters advertised “guaranteed success in the event of a dispute”. This could give the impression that the quality of the legal representation is based less on professional expertise and more on marketable promises.

Prevention of unfair competition

The professional rules ensure that lawyers compete fairly with each other and do not gain any undue competitive advantages. Advertising must not contain unrealistic promises that could mislead clients.

Protection of clients

Many people seek legal advice in difficult life situations. In such situations, clients are often particularly vulnerable and could be misled by sensational or aggressive advertising into making decisions that are not in their best interests.

Factual information

Attorney advertising should help the public to better understand the services of attorneys by providing clear, factual and useful information. For example, information about the lawyer's specialization, the type of services offered or contact information is permissible and desirable.

The Law Firms' Competition Problem

For a long time, law firms were very cautious with advertising measures. To this day, there are voices that even recognize a problem in the active management of a LinkedIn profile. However, this is probably a dying opinion. The same applies here:

C'est le ton qui fait la musique.

While law firms have been sparing with lawyer advertising, the competition has been less shy. Consulting firms that are not bound by the rules of professional conduct were free to advertise their services. The Big 4 and alternative legal service providers were thus able to gain a competitive advantage at the expense of law firms. It is obvious that the legal profession cannot be expected to suffer such a disadvantage. In order to survive in this market, law firms must have the same opportunities.

Online advertising: What are lawyers allowed to do?

The following advertising measures are undisputedly permissible nowadays. Of course, the content and type of implementation must be measured against the general principles.

Professional law firm websites

A website is indispensable today. No one will want to deny lawyers the right to maintain their own law firm website.

Lawyers must be able to position themselves, introduce their team and present contact options. They may also publish other content. Content marketing activities (e.g. blog posts) are also permitted and allow the law firm to compete for digital visibility among target groups.

Google advertising and SEO

Yes, law firms are also allowed to place Google advertising. This was decided by the Cantonal Court of St. Gallen, which explicitly ruled that keyword advertising is permissible. Lawyers are therefore allowed to pay Google money so that the search engine ranks the law firm's website high for certain search queries. General search engine optimization (SEO) measures are also permitted in order to influence the position in the Google ranking.

Social media presence

Social media platforms such as LinkedIn may be used. Even if the impression often arises that certain profiles are quite sensationalist, this cannot prevent general use. Perhaps there will one day be a case in which a court has to decide on the content-related activity of a law firm.

You can find out how Swiss law firms behave on LinkedIn in our LinkedIn Report 2024.

Email marketing

Law firms may also engage in email marketing and send newsletters. Of course, the principles of data protection law must be observed. Contacts must therefore have given their valid consent to receive a newsletter.

Conclusion: Advertising, but the right way

Swiss law firms are allowed to advertise. This must always be factual, restrained and truthful. There are numerous ways in which lawyers can attract the attention of potential clients - including digital marketing. With a well-thought-out marketing strategy, lawyers can draw attention to themselves effectively and without risk.