In Baltimore, ChatGPT named 4 injury firms. Is yours one of them?

Maryland needs no ad pre-clearance, but any ad that mentions past results needs a "each case is different" disclaimer, and injury or accident solicitations cannot go out for 30 days, must say "this is an advertisement", and must be filed with Bar Counsel within 3 days.

Who enforces it

Attorney Grievance Commission of Maryland (Bar Counsel), under rules set by the Supreme Court of Maryland

The rules

Maryland Attorneys' Rules of Professional Conduct, Rules 19-307.1 to 19-307.5; Md. Code, Business Occupations and Professions Article, Sections 10-605.1 and 10-605.2

Filing or review

No general filing requirement found in the official rules. General advertising is not filed or pre-approved. Only a targeted solicitation about a personal injury or wrongful death action, an accident or disaster, or a criminal or incarceration-level traffic prosecution must be filed with Bar Counsel within 3 days after it is sent, with the recipient's name and address (Business Occupations Section 10-605.2(h)). Communications sent at the prospective client's request are exempt.

Required labels

A written, recorded or electronic solicitation to someone known to need legal services in a particular matter must say "Advertising Material" on the envelope and at the beginning and end of any recorded or electronic message (Rule 19-307.3(c)). For injury, accident, disaster and criminal matter solicitations, state law also requires "this is an advertisement" at the beginning and end (Section 10-605.2(d)). Every ad must name at least one responsible attorney, and a "no fee unless you recover" ad must say whether the client is liable for expenses (Rule 19-307.2(d) and (e)). Keep each ad for at least three years (Rule 19-307.2(b)).

Contacting accident victims

30 days after an accident or disaster, or a personal injury or wrongful death matter: a lawyer may not send a communication to a prospective client about it unless the event was more than 30 days before the date sent, including by computer on-line transmission (Business Occupations Section 10-605.1).

Testimonials, results, specialist

Rule 19-307.1 comments say an ad is misleading if it states the attorney's record of favorable awards, verdicts or settlements without conspicuously stating that each case is different and past results are no assurance, or if it has an endorsement or testimonial from someone who is not a bona fide pre-existing client who benefited from the services. The comments say ads about results obtained, such as damage awards, and client endorsements would ordinarily be precluded. Rule 19-307.4 has no specialist-certification provision, so "specialist" claims fall under Rule 19-307.1.

Online ads

Rule 19-307.2(a) allows advertising through public media or communications not involving in-person contact. An attorney in an advertising group or referral program is personally responsible for compliance with Rules 19-307.1 to 19-307.5 and must be able to substantiate it (Rule 19-307.2(f)). The solicitation statutes expressly reach "computer on-line transmission." No AI-specific lawyer advertising rule was found in the sources checked.

ChatGPT Ads

OpenAI accepts US law-firm ads from firms licensed where the ad runs, after business verification and ad review. A ChatGPT ad aimed at Maryland needs your Maryland license, and it is still lawyer advertising under the rules above.

Sources: govt.westlaw.com, govt.westlaw.com, govt.westlaw.com. Parts of this summary were read from a published copy of the rules because the official site could not be reached; check the official text before relying on it.

More on how the rules work across states: law firm advertising rules and can lawyers advertise on ChatGPT.