Advertising for lawyers in Austria: what §§ 47 to 49 RL-BA allow

The standard: true, factual and befitting the profession

The statutory basis is § 10 Abs 5 RAO: advertising is permitted insofar as it informs truthfully and factually about the lawyer's professional activity and is consistent with professional duties. The details are set out in part ten of the RL-BA 2015 (Richtlinien für die Ausübung des Rechtsanwaltsberufes, the professional guidelines for lawyers), which is titled “Der Rechtsanwalt und die Öffentlichkeit” (the lawyer and the public). § 47 Abs 1 opens with a principle that reads more like an attitude than a ban: lawyers advertise primarily through the quality of their work. Abs 2 then allows any advertising that is true and factual and in line with the honour and standing of the profession, professional duties and the lawyer's role in the administration of justice. Incidentally, the frequently quoted former § 45 has been repealed; today §§ 47 to 49 are what count.

One point matters for interpretation: where in doubt, the OGH treats advertising statements as protected by freedom of expression under Art 10 EMRK (European Convention on Human Rights) (OGH 21 Ds 2/20m). The line is drawn by untruth, misleading content and sensationalist presentation, not by the mere fact that a firm actively seeks clients. General unfair competition law applies on top: misleading statements are also unlawful under § 2 UWG.

The six express prohibitions

§ 48 RL-BA also requires you to make reasonable efforts to prevent third parties from advertising on your behalf in a way that breaches professional rules. This covers advertising agencies, media and platforms acting in your name. If you hire an agency to run ads, read the copy yourself before you approve it. § 49 deals with the media: publicity in connection with a mandate is only permitted with the client's express consent and in the client's interest.

What the OGH has decided

Firm name, domain and cooperations

Most disciplinary cases about advertising are not about ads at all, but about names. For firms set up as companies, § 1b RAO (Rechtsanwaltsordnung, the Lawyers Act) governs the firm name: only names of partners or former lawyers, a reference to the legal profession and no additions that claim professional or regional exclusivity. For sole practitioners, the same principle applies via § 47 RL-BA: the name has to match the actual structure.

Specialisation without a specialist title

Austrian professional law has no certified specialist lawyers (no Fachanwalt titles as in Germany). That brings both freedom and responsibility: you may list your practice areas as specifically as you like, as long as they are accurate. Terms such as “Tätigkeitsschwerpunkt” (main area of practice) or “focus on employment law” are unproblematic if you genuinely work in that field on a regular basis. If you call yourself a “specialist” or “expert”, you should be able to prove your experience; in the OGH's GDPR case, exactly this proof cleared the lawyer. Avoid any label that imitates a German Fachanwalt title altogether, because it can mislead people about a formal qualification.

On your website, specialisation is most convincing when it shows in the content: a separate page for each area of law with typical questions, process and costs, plus articles, talks or publications. This also helps with Google, because people usually search for an area of law plus a place. How that works locally is explained in the article on local SEO.

References, testimonials and Google reviews

You may only name clients with their consent (§ 47 Abs 3 Z 5 RL-BA). A quote from a satisfied client on your website is therefore possible if it is genuine, the consent is documented and the wording stays factual. The RL-BA contain no express rule on online reviews. The UWG and your duty of confidentiality do apply, however.

• Displaying reviews: if you show reviews on your website, you must state whether and how you check that they come from real clients (§ 2 Abs 6b UWG). A short sentence below the review section is enough.
• No bought or fake reviews: under the annex to the UWG, these are always considered unfair.
• Asking for reviews: a link or QR code after a matter has closed is allowed. Google's review policies, however, prohibit incentives and asking only satisfied clients.
• Replying to reviews: never confirm that someone was your client and never mention details from the file (§ 9 RAO). A neutral reply offering a conversation is the safe option.

How to set up your Google Business Profile and collect reviews is covered in the article on the Google Business Profile; the review QR code generator creates a QR code for your review request.

Advertising fees and initial consultations

In Austria, fees can be agreed freely, including as a flat fee, hourly rate or success fee (§ 16 Abs 1 RAO, § 15 RL-BA). The only thing prohibited is the quota litis, meaning acquiring a share in the subject matter of the dispute. Prices on your website are therefore permitted and helpful for people seeking legal advice, but under § 5 Abs 2 ECG (E-Commerce Act) they must be clearly marked as gross or net. Private individuals expect gross prices. Be careful with words such as “günstig” (cheap) or “billig” (bargain), as the domain ruling shows: the price itself is not the problem, the sensationalist packaging is.

The RL-BA do not expressly prohibit a free initial consultation; the bar associations themselves offer free guidance through the Erste Anwaltliche Auskunft (free first legal information). Describe scope and duration factually, for example “15-minute orientation call at no charge”, instead of advertising “FREE” in large letters. With every new instruction, you inform the client of the basis on which your fee is calculated and of interim invoicing (§ 15 Abs 2 RL-BA).

Google Ads, social media and newsletters

• Google Ads: ads on search terms such as “Anwalt Mietrecht Graz” (tenancy lawyer Graz) are permitted. The ad copy follows the same rules as the website: no superlatives, no guarantee of success, no names of other firms for comparison.
• Social media: expert posts, announcements of talks and a look behind the scenes at your team are unproblematic. Describe cases only in anonymised form or with consent, and link to your imprint from your profile as well.
• Newsletters and client letters: email marketing requires prior consent (§ 174 Abs 3 TKG 2021). You may write to existing clients about similar services of your own if you obtained the address in connection with an instruction, the client could object at that point, every message offers an easy way to unsubscribe and the address is not on the RTR's ECG opt-out list (ECG-Liste) (§ 174 Abs 4).
• Phone calls: marketing calls without prior consent are not permitted (§ 174 Abs 1 TKG 2021).
• Referral portals: models where you pay per matter referred can fall under the ban on benefits for client referrals (§ 47 Abs 3 Z 6). Fixed listing fees are easier to assess.