A monthly email to past clients should carry general legal news, firm updates, and one clear way to reach the firm, and it should avoid claims about results, client stories, and anything that identifies a client. It must also meet two layers of rules: the federal CAN SPAM Act and the state bar's advertising rules. GoHighLevel can send it, but the firm owns the compliance. The bottom line: an email to former clients is lower risk than a cold solicitation, and it is still a communication about the lawyer's services that the rules can reach.
Layer one: CAN SPAM
A summary of the FTC's CAN SPAM guide lists seven requirements: no false header information, no deceptive subject lines, identify the message as an ad, include a valid physical postal address, tell recipients how to opt out, honor opt outs within 10 business days, and monitor what any vendor does on the sender's behalf.
Layer two: the bar
ABA Model Rule 7.1 prohibits false or misleading communications about a lawyer's services, and Rule 7.3's ban on live person to person solicitation does not cover a written email that recipients can easily disregard. Beyond that, states differ. An Attorney at Work article says a handful of states require specific labeling language in the subject line of email solicitations, and Clio notes that some states, New York for example, require certain advertisements to be labeled Attorney Advertising. The New York State Bar Association reported this year that New York has revised its rules and that lawyers no longer have to put the words attorney advertising on everything sent to clients, so rules are changing. Florida's Bar rules on lawyer advertising have filing requirements for many advertisements. Testimonials and past results usually trigger disclaimers, and California's Rule 7.1 comment says testimonials cannot create an expectation of the same results.
What to send
| Include | Leave out |
|---|---|
| A short update on a law or court rule change, in general terms | Results or settlement amounts |
| Firm news: a new attorney, an office move, holiday hours | Client names, photos, or stories |
| A seasonal reminder, such as updating an estate plan after a life event | Advice on a specific person's matter |
| How to reach the firm and a booking link | Guarantees or comparisons with other firms |
| Physical address, opt out link, and any required label | Any claim of being a specialist or expert unless certified |
Build it in GoHighLevel
GoHighLevel's help portal has a category for Email Marketing covering the email builder, templates, and scheduled campaigns.
- Build a Past clients Smart List of contacts tagged Closed who have not opted out, and exclude anyone with a conflict flag.
- Create an email template with the firm's physical address, an unsubscribe link, and a footer line for any label your state requires.
- Write each month's email from the table, and have an attorney approve it before it is scheduled.
- Schedule it monthly as a campaign, and send from a real firm address with an accurate subject line.
- Build a workflow that removes anyone who unsubscribes from all firm emails within one business day.
- Measure clicks and replies, not opens, because Apple Mail inflates opens.
Worked example
For example, a firm with 800 closed clients that sends monthly reaches 800 people twelve times a year, 9,600 messages (800 times 12). If 2 percent click the booking link each month, that is 16 people a month (800 times 0.02).
Mistakes to avoid
- Featuring a client win. It can breach confidentiality and trigger results disclaimers.
- Skipping the physical address or opt out. Both are CAN SPAM requirements.
- Assuming one state's label rule applies everywhere. Check each state where you are licensed.
- Sending without attorney approval. The lawyer is responsible for the content.
How this was handled before
Firms mailed a printed newsletter to past clients twice a year, with a label on the envelope when the rules required it. Email made it cheaper and more frequent, and the labeling rules moved with it. The content rules did not change: general information, no results claims, no client stories.
What to measure after launch
Track emails sent, clicks, replies, unsubscribes, and consultations booked from the email. Clicks and replies matter more than opens, which Apple Mail inflates.
Check before you switch it on
US text messages sent from a standard 10 digit number need A2P 10DLC registration. The HighLevel support portal says registration is required for texts to US recipients from 10 digit long code numbers and that toll free numbers do not require it. HighLevel's opt in guidelines also say a person cannot be forced to agree to text messages in order to submit a form, so keep the consent box optional. One compliance guide separates informational texts, which need documented consent, from marketing texts, which need prior express written consent. Ask your attorney which category your reminders fall into. Confirm the labeling and filing rules for each state where the firm is licensed, and keep a copy of every email sent. This is general information, not legal advice.
Questions people ask
Is a newsletter to past clients advertising?
It can be. Depending on the state, a newsletter that discusses results or invites engagement may qualify as advertising and trigger labeling or content rules.
What does CAN SPAM require?
A summary lists no false headers, no deceptive subjects, an ad identification, a physical address, an opt out method, honoring opt outs within 10 business days, and vendor monitoring.
Do all states require an Attorney Advertising label?
No. A handful require labels on email solicitations, and states are revising their rules, so check each state.
Ready to try it yourself? Start a GoHighLevel account here.
You can also see this in action in our GoHighLevel capabilities demo.