Attorney Advertising Rules for the State of Florida

Florida Attorney Advertising Rules: A Comprehensive Overview

Attorneys practicing in Florida must adhere to specific advertising regulations as outlined in the Rules Regulating The Florida Bar, particularly Chapter 4, Subchapter 4-7. These rules are designed to ensure that legal advertising is truthful, non-misleading, and upholds the integrity of the legal profession. Below is a detailed overview of the key provisions governing attorney advertising in Florida, with references to specific rules.

Rule 4-7.11: Application of Rules

• Scope of Application:
  • The advertising rules apply to all forms of communication by a lawyer seeking professional employment, including print, electronic media, direct mail, and digital platforms such as websites and social media.
  • These rules are applicable to Florida Bar members and out-of-state lawyers who advertise to provide legal services in Florida or target Florida residents.
    Florida Bar Media
• Exemptions:
  • Communications to existing clients, other lawyers, and certain pro bono activities may be exempt from these advertising rules.

Rule 4-7.12: Required Content

• Name and Office Location:
  • All advertisements must include the name of at least one lawyer or law firm responsible for the content.
  • The city, town, or county of one or more bona fide office locations where legal services will be performed must be disclosed.
    Lawyer Legion
• Legibility and Clarity:
  • Required information must be clear and conspicuous, ensuring that a reasonable person notices it.
  • Written disclosures must be legible, and spoken disclosures must be intelligible.
    Florida Bar

Rule 4-7.13: Deceptive and Inherently Misleading Advertisements

• Prohibited Content:
  • Advertisements must not contain false, misleading, or deceptive statements.
  • Misleading information includes material misrepresentations of fact or law, or omissions that render the communication as a whole misleading.
• Unsubstantiated Comparisons:
  • Lawyers must avoid comparisons of their services with those of other lawyers unless the comparison can be factually substantiated.

Rule 4-7.14: Potentially Misleading Advertisements

• Use of Personal Attributes:
  • Advertisements should not include statements regarding a lawyer’s character, skills, or reputation that cannot be objectively verified.
• Dramatizations and Simulations:
  • Any use of dramatization or simulation must be clearly disclosed to prevent misleading impressions.

Rule 4-7.15: Unduly Manipulative or Intrusive Advertisements

• Prohibited Techniques:
  • Advertisements must not use techniques that appeal to emotions rather than rational evaluation of a lawyer’s suitability.
  • This includes the use of an authority figure or celebrity to endorse or recommend the lawyer.

Rule 4-7.16: Presumptively Valid Content

• Safe Harbor Information:
  • Certain factual information is considered presumptively valid, including:
    • Lawyer’s name or firm name.
    • Address, telephone number, and website.
    • Areas of practice.
    • Date of admission to The Florida Bar.
    • Language abilities.
• Practice Areas:
  • Lawyers may state areas of practice but must not claim specialization unless certified by an approved organization.

Rule 4-7.17: Payment for Advertising and Promotion

• Prohibition on Compensation for Recommendations:
  • Lawyers must not give anything of value to a person for recommending the lawyer’s services, except for:
    • Paying reasonable costs of advertisements.
    • Paying usual charges of a legal service plan or a not-for-profit lawyer referral service.
    • Paying for a law practice in accordance with Rule 4-1.17.
• Reciprocal Referral Agreements:
  • Lawyers may enter into reciprocal referral agreements with other professionals, provided:
    • The agreement is not exclusive.
    • The client is informed of the existence and nature of the agreement.

Rule 4-7.18: Direct Contact with Prospective Clients

• Solicitation Restrictions:
  • Lawyers must not solicit professional employment from a prospective client through direct contact when a significant motive is the lawyer’s pecuniary gain, unless:
    • The prospective client is a lawyer.
    • The person has a family, close personal, or prior professional relationship with the lawyer.
• Written Communications:
  • Written solicitations must be clearly marked as “Advertisement” and comply with specific content and filing requirements.
• 30-Day Prohibition:
  • There is a 30-day prohibition on solicitation following a specific incident involving personal injury or wrongful death.
    Wikipedia