How to Write a Clear Disclaimer of Legal Advice, with Examples and Tips

Disclaimer of Legal Advice

A legal advice disclaimer is a statement that relieves the provider of the information from legal consequences that could arise from the content. It also informs the reader that the content does not constitute actual legal advice. Obtaining legal advice requires an attorney-client relationship, which is generally established just before engaging an attorney or law firm for a specific purpose or legal strategy. Since a disclaimer can ward off lawsuit claims, it is usually included on the webpages that host blogs or articles written by attorneys or legal practitioners anticipating a broad audience. Disclaimers in these contexts are primarily included to protect the writer from any future claims of misrepresentation , or allegations that the information contributed to an inaccurate basis for a lawsuit.
Although courts have not exactingly delineated the scope of states’ interpretations in enforcing legal advice disclaimers, all states agree that they are important, and that the mere deletion or non-inclusion of a disclaimer is not enough to convert a provider of legal information into one giving actual legal advice. States primarily examine the particular circumstances of the disclaimed information.

Essential Components of a Legal Advice Disclaimer

The essential elements of a legal advice disclaimer revolve around four key components that clearly and effectively communicate the educational or informational value of any content you create:

1. Qualifications of the Author

Or "This is not legal advice; I am not your lawyer." Admitting that you are not someone’s lawyer, and then explaining why, helps to underscore for your audience that the information you’re providing is intended as general information, not specific advice to be relied upon.

2. Nature of Content

Or "Informational content." This further helps to distinguish between the type of content you may provide on your blog and other social media channels and the type of legal content you provide to clients. A blog post or social media post is not an appropriate form of delivering legal advice or counsel. An in-person conversation or phone call with a client is. This is an additional layer that helps to clarify for readers that, while you may provide useful information, they need to seek formal legal counsel to get specific advice for their situation.

3. Where and How to Obtain More Information

Or "Make an appointment to meet with me at my office (or via telephone or video chat, if you have an office in another location)." Providing a means by which people can connect with you directly to make sure that their individual issues can be addressed adds an additional layer of protection while also helping to ensure that the public sees you as approachable and open.

4. Independent Legal/Legal Malpractice Review

Or "Don’t take my word for it. I follow this great legal blog that has reviewed this type of material, and I suggest you check them out to see why."

Sample Disclaimers of Legal Advice

Many industries and situations require legal advice disclaimers. Following are some common legal advice disclaimers used in industries with distinct guidelines and legal rules:

1. Marketing Material

Companies in Florida looking to advertise their services or products can use this legal advice disclaimer in their brochures, flyers, and other marketing material:
The information contained herein is provided for general informational purposes and does not constitute legal advice or establish an attorney-client relationship. It is not intended as a substitute for obtaining legal advice from a licensed attorney for your company or your particular situation. For answers to your specific questions, hire a qualified attorney in your area.

2. Florida Timeshare Cancellation Company

Some companies in Florida specialize in helping people get out of their timeshare contracts. They have to follow many guidelines and legal rules when it comes to their work. In order to comply, the Florida Timeshare Cancellation Company uses the following legal advice disclaimer:
This information provided by [COMPANY] is for general information purposes only and should not be considered legal advice. The information contained herein does not constitute legal advice, or establish an attorney-client privilege, relationship, or contract. You should contact a [COMPANY] this company has partnered with to obtain assistance, in conjunction with obtaining legal advice from a [LAWYER].

3. Law Firm

Law firms don’t have to put disclaimers on their websites, but some do anyway as a way to inform visitors that the content on its site does not constitute legal advice:
This website is designed to serve only as a general information resource and should not be used as a substitute for obtaining specific legal advice from a qualified attorney. You should not send any confidential information to any attorney in this law firm until and unless you have received a formal engagement letter confirming the representation and establishing an attorney-client relationship with the firm.

4. AttorneyChip.com

Lawyers like those at AttorneyChip.com use legal advice disclaimers in almost all situations. Here is theirs:
You understand and agree that your use of the Services is at your own risk. The Services are provided on an "as is" and "as available" basis. We do not make, and expressly disclaim, any and all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no representations or warranties that you will receive any specific results through the Services or that the results will be satisfactory.

5. Franchise Disclosure Document

Many franchises use a legal advice disclaimer on their disclosure documents. The following example is from a franchise disclosure document:
This disclosure document is preliminary in nature only and is filed solely to provide information about [COMPANY] and its franchise programs. The use of an asterisk (*) indicates that the item is attached to [COMPANY’S] U.S. Franchise Agreement. The franchise agreement is the only authorized agreement between you, as a franchisee, and [COMPANY], licensed franchisor. You must not construe information contained in this disclosure document or the attachments hereto as legal advice or counsel. We urge you to consult with your attorney before you proceed.

Creating Your Own Legal Advice Disclaimer

It is recommended that you draft your own disclaimer because you may have a unique business need be it a particular way that you deliver your legal services, or a consideration of the states and countries where you operate. Each person’s disclaimer should be tailored to their specific circumstances. This is especially true if your legal work involves highly regulated areas of the law such as tax, securities, real estate, or IP.
If you are only planning to use the legal disclaimer on your website, keep it short and simple. It does not have to be overly long to be effective or protective, but it should be clear enough so that a person reading it understands the basic import of what you are trying to convey.
If you are not strictly advising on the law, or not exclusively counseling on legal matters, law firms or blogs that do not give legal advice may want to use a more generic disclaimer. Lawyers also conduct related professional services such as:
Some law firms aggregate blogs written by multiple lawyers. In cases where a law firm has more than one blogger, an author’s bio at the bottom of the post and/or a general disclaimer at the top of the blog will be helpful. If a blog is written by one or two authors , direct attribution is usually given in the form of a post byline and/or a "Posted by [name]" message at the end of the post.
A well-crafted legal advice disclaimer in blog post form is probably the best way to address FTC Disclosure Guidelines, especially if a lawyer uses social networking channels and occasionally participates in sponsored blog posts for a fee. The FTC Guidelines make clear that "any material connection" between a blogger and an advertiser must be disclosed, if it "might affect the weight or credibility that consumers give the endorsement (i.e., the sponsored post)." A well-placed post disclaimer can often be a broad enough statement to satisfy the FTC’s requirement while noting that there are no guarantees, and justifying any potential payment received for the post:
An attorney may chose to put a specific disclaimer on some blog posts referencing a specific product or legal service if his/her law practice sells it directly or indirectly, and if applicable to the blog’s subject matter (e.g. law, insurance, products liability, etc).

Legal Ramifications of Deceptive Legal Advice Disclaimers

While a well-crafted disclaimer is an essential part of providing clients with the best possible legal information, an inadequate or misleading disclaimer can have serious legal consequences. If an attorney provides a client with legal advice and then subsequently argues that it’s "only" a recommendation—disclaimed by the terms and conditions of the website—clients can and do hold them accountable for misleading statements. Delske v. Law Office of Gary Greenberg, 2013 WL 1849560 (Ill.App. 1 Dist.), is one sufficient cautionary tale. In Delske, a defendant law firm’s website stated: "We are a debt relief agency. We help people file for relief under the bankruptcy code." When a client spurred on by the website’s claim sought legal relief, the defendant’s attorney argued that the disclaimer—contained in the terms and conditions of the website—excluded relief when the client needed it most. The court disagreed, holding that "the disclaimer in the terms and conditions that suggests the statements on the webpage are opinion and not legal advice is no defense to an action in which….a consumer…claims he was damaged by reliance on a legal opinion….the [website’s] Terms and Conditions contain a disclaimer that betrays the clear meaning of the [website]." Because consumers badly need legal relief when they are most vulnerable, the courts take very seriously attempts to mislead consumers about the nature of legal advice.

When to Revise Your Legal Advice Disclaimer

While a legal advice disclaimer is an important aspect of a website or publication, it is not a set-it-and-forget-it measure that only requires low-level maintenance. The law surrounding professional liability and where the boundaries of what constitutes legal advice are constantly in flux.
A blog post or publication generated three years ago may not be as relevant to the modern day legal landscape as it once was. Moreover, the law surrounding a particular issue may have been the same for decades, then all of a sudden there is a substantial caselaw development, which changes the scope of the legal landscape for a particular topic . At this time, you should consider whether your previously-created material could be misconstrued as actual legal advice, and update the publication accordingly with a clear advisory. Similarly, if your firm practices in an area of law that experiences a sudden surge in volume, you should consider whether your materials and blog publications contain enough of a disclaimer to ensure that your firm is not creating an attorney-client relationship by virtue of those publications.
Furthermore, as a business, your firm may change types of work in which it does or does not perform. This is particularly critical in small- to mid-size firms, but bigger firms should still be cognizant of making sure their disclaimer clearly sets forth the types of work that the firm does over time.