Issue Update: Attorney Advertising in Florida
Update as of November, 2006
On November 2, 2006, The Florida Supreme Court amended attorney advertising rules as recommended by the Florida Bar's Board of Governors. The most significant change, taking effect January 1st, is a requirement that TV and radio ads must now be approved by The Florida Bar fifteen days prior to airing. Current rules require only that the ad be filed with the Bar no later than the date of publication or broadcast. Additionally, the filing fee due to the Bar for advertisement submissions will increase to $150.00.
The Court deferred ruling on the issue of attorney web site advertising, ordering further study on the topic. In comments to the Court, several Justices were in favor of an in-depth review to take a broader view of attorney marketing and include the internet and phone directories.
Other than a more restrictive review process, few substantive changes were made to content rules. A disclosure statement saying "the hiring of a lawyer is an important decision that should not be based solely upon advertisements" is no longer necessary for print advertisements, but remains a requirement for broadcast advertisements. Additionally, out-of-state attorneys who wish to advertise in Florida must now comply with The Florida Bar's regulations and review process.
Attorney advertisements are still prohibited from containing information that could create unjustified expectations regarding the likelihood of positive outcomes, or the quality of a lawyer's services. Television ads are prohibited from containing visual elements that are deceptive, confusing, or manipulative and may not use background noise other than instrumental music. According to the Bar, these rules are intended to promote attorney advertisements that inform the public regarding legal services by providing only useful, factual information, presented in a restrained and non-sensational manner that will not create unwarranted expectations or diminish public confidence in the legal system.
For complete information on attorney advertising regulations, visit www.floridabar.org under "Lawyer Regulation" > "Advertising Rules". This website includes a Lawyer Advertising Handbook as well as examples of complying and non-complying advertisements and forms and procedures for Bar review.
To read the complete Supreme Court decision "In Re: Amendments to the Rules Regulating the Florida Bar – Advertising #05-2194" visit www.floridasupremecourt.org. Also, be sure to keep an eye out for e-mail updates from your Fourth District AAF legislative team or contact Fourth District AAF lobbyist Jack Hebert at jack@themallardgroup.com.
