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

• Filing Requirements:
  • Attorneys must submit each advertisement to The Florida Bar Standing Committee on Advertising at least 20 days before its first use.
  • The submission must include:
    • A copy or recording of the advertisement.
    • A description of the ad’s content, including where and how it will be published.
    • Payment for the filing fee.
• Exceptions to Filing:
  • Some advertisements are exempt from filing requirements, such as those containing only safe harbor content under Rule 4-7.16, or communications sent exclusively to existing clients.
• Bar Review:
  • The Florida Bar will evaluate the ad and issue an opinion on its compliance within 15 days of submission.

Rule 4-7.20: Firm Names and Letterhead

• General Rules:
  • A law firm’s name, letterhead, and other professional designations must not be misleading.
  • Trade names are permissible if they do not imply a connection with a government agency or charitable organization and are otherwise non-deceptive.
• Jurisdictional Limitations:
  • If a law firm operates in multiple jurisdictions, limitations of attorneys not licensed in Florida must be disclosed.

Additional Considerations

Internet and Social Media Advertising

The Florida Bar rules apply equally to digital advertising. This includes websites, blogs, pay-per-click ads, and social media. Attorneys must ensure that:

• Required disclosures and disclaimers are included in all online content.
• Content complies with Rule 4-7.13, avoiding misleading claims about the attorney’s services or results.

Retention of Advertising Records

Attorneys are encouraged to maintain copies of advertisements for at least three years to ensure compliance and respond to any future inquiries.

Use of Nonlawyer Spokespersons

Lawyers may use nonlawyer spokespersons in advertisements, but the spokesperson’s statements must comply with all advertising rules. The attorney is responsible for reviewing and approving the content to ensure compliance.

Enforcement and Compliance

• Disciplinary Actions:
  • Non-compliance with these advertising rules can lead to disciplinary actions by The Florida Bar, ranging from fines to suspension.
• Seeking Guidance:
  • Attorneys are encouraged to consult The Florida Bar’s Ethics Hotline or the Standing Committee on Advertising for clarification or pre-approval of marketing materials.

Florida’s attorney advertising rules, outlined in Chapter 4-7 of the Rules Regulating The Florida Bar, are designed to uphold ethical standards, protect the public, and ensure that legal services are marketed truthfully and professionally. By adhering to these guidelines, attorneys can develop effective and compliant advertising strategies that resonate with potential clients while safeguarding the integrity of the legal profession.

For more information or assistance with compliance, attorneys can visit The Florida Bar’s official website or contact the Standing Committee on Advertising directly. Proper adherence to these rules is essential for maintaining professionalism and building trust with clients.