Under the Rules Regulating the Florida Bar, any violation of the Rules of Professional Conduct is a cause for discipline. The Rules of Professional Conduct set out a maze of restrictions concerning attorney advertising. Those restrictions prohibit attorneys from making specific claims in lawyer advertisements. The bar rules in Florida for attorney advertising have long been recognized as the most restrictive in the country.
Any violation of the bar rules subjects the attorney to discipline, including public reprimand, suspension, or disbarment. For this reason, Florida attorneys should read each of the bar rules concerning advertising, along with the comments and opinions interpreting those rules. The attorney should expressly approve any content on the firm's website or social media platforms.
Any companies chosen by the attorney to implement their marketing strategy, design their website, or add content to their social media platforms should also understand these rules.
The Florida Bar requires that the website complies with the substantive lawyer advertising rules in Rules 4-7.12 through 4-7.17 and 4-7.21. The attorney is permitted to, but not required to, file a specific aspect of a website for review on a voluntary basis, including a specific page, provision, statement, illustration, or photograph. That information must be filed under Rule 4-7.19(d) with a filing fee of $150. However, the Florida Bar will not accept the filing of an entire website.
Visit the links below for more information on Florida's bar rules for attorney advertising. If you are preparing to launch a new website or start a new internet marketing strategy, the first step is reading the bar rules that might apply.
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The new Florida Bar Rules have been criticized as fundamentally restraining lawyers' speech in violation of the First Amendment of the United States Constitution. For example, under the Florida Rule of Professional Conduct 4-7.13, attorneys are prohibited from making any claim about the attorney's services that are not "objectively verifiable."
This rule applies to all forms of advertisements, even the interior pages on attorneys' websites. The term "objectively verifiable" is not defined under the rules. Although the rules expressly allow "past case results" to be included, many attorneys fear that the description of past case results could be considered "inherently misleading" because it might not include all facts deemed to be "pertinent."
One of the most commonly violated rules is Florida Rule of Professional Conduct 4-7.14, which prohibits an attorney from stating or implying that a lawyer specializes in an area of law. Terms such as "expert," "specialist," or "specialize" have long been reserved for attorneys who have earned board certification by The Florida Bar Board of Legal Specialization & Education or national organizations accredited by the American Bar Association to award specialty certification.
To avoid violating that rule, it is better to say that the attorney is "focused on" instead of "specializing in" a particular type of law. The attorney should avoid using the term specialist, specializes, or expert inappropriately when referring to the attorneys in the firm or services offered by the firm.
The Florida Bar is an extension of the Florida Supreme Court. The Florida Bar approves lawyer advertising, issues advisory opinions interpreting the rules, and investigates and prosecutes attorneys for alleged violations.
When ads are submitted to the Legal Division of the Florida Bar, they are reviewed to determine whether they comply with the advertising rules. The legal division then issues opinions either approving or disapproving of the advertisement. The Disciplinary Counsel of the Florida Bar investigates and prosecutes attorneys for alleged violations of the restrictions.
According to Rule 4-7.11(a), the lawyer advertising rules in Florida apply to all forms of communication seeking legal employment in any print or electronic form, including, but not limited to, newspapers, magazines, brochures, flyers, television, radio, direct mail, electronic mail, and the Internet, including banners, pop-ups, websites, social networking, and video sharing media.
Under Rule 4-7.11(b), the lawyer advertising rules in Florida apply to lawyers admitted to practice in Florida advertising to provide legal services in Florida.
As explained in Rule 4-8.4(c), even though the lawyer advertising rules do not apply to some types of communications, the rule prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation applies to all communications of a lawyer.
Under Florida's Bar Rules, board-certified attorneys receive special bar-sanctioned, advertising-based benefits not afforded to other attorneys in the state. Only board-certified attorneys in Florida are allowed to use the words "Board Certified (area of certification) Lawyer" or "Specialist in (area of certification)." The Florida Bar rules also approved using the initials “B.C.S.” to indicate Board Certified Specialist.
Under one of the new rules, Florida Bar Rule 4-7.14(a)(4), an attorney who had earned board certification from an organization recognized by the American Bar Association ("ABA") but not accredited in Florida can now disclose that designation in advertisements. The ad must contain a disclaimer that the attorney is "Not Certified as a Specialist by The Florida Bar."
The national organizations with board or specialty certification programs that are recognized by the ABA but not certified by the Florida Bar include:
Board-certified attorneys in those five (5) organizations now have the right to communicate that fact to the public in attorney advertisements.
The Florida Bar rules for attorney advertising require some types of content to be included in the ad in a prominent way, including:
Florida Statutes have various provisions that prohibit solicitation, including:
On January 19, 2024, the Florida Bar issued "Ethics Opinion 24-1." The opinion is advisory and not binding. It provides that lawyers in Florida may use generative artificial intelligence (“AI”) in the practice of law but must:
The Florida Bar's Ethics Opinion 24-1 recognizes that lawyers may use generative artificial intelligence (“AI”) in the practice of law. The opinion provides:
....Lawyers must ensure that the confidentiality of client information is protected when using generative AI by researching the program’s policies on data retention, data sharing, and self learning. Lawyers remain responsible for their work product and professional judgment and must develop policies and practices to verify that the use of generative AI is consistent with the lawyer’s ethical obligations. Use of generative AI does not permit a lawyer to engage in improper billing practices such as double-billing. Generative AI chatbots that communicate with clients or third parties must comply with restrictions on lawyer advertising and must include a disclaimer indicating that the chatbot is an AI program and not a lawyer or employee of the law firm. Lawyers should be mindful of the duty to maintain technological competence and educate themselves regarding the risks and benefits of new technology.....
....In sum, a lawyer may ethically utilize generative AI technologies but only to the extent that the lawyer can reasonably guarantee compliance with the lawyer’s ethical obligations. These obligations include the duties of confidentiality, avoidance of frivolous claims and contentions, candor to the tribunal, truthfulness in statements to others, avoidance of clearly excessive fees and costs, and compliance with restrictions on advertising for legal services. Lawyers should be cognizant that generative AI is still in its infancy and that these ethical concerns should not be treated as an exhaustive list. Rather, lawyers should continue to develop competency in their use of new technologies and the risks and benefits inherent in those technologies.
Additional Resources
Rules Regulating the Florida Bar and Requirements for Lawyers - Read the Rules Regulating the Florida Bar including the Rules of Professional Conduct and other rules that govern the practice of law in Florida. The Florida Bar's advertising rules include rules regarding lawyer and law firm computer-accessed communications, such as websites. Find additional information about restrictions on attorney advertising on the Florida Bar website. The Florida Bar is located at:
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
Phone: (850) 561-5600
Checklist for Attorney Website Advertising Rules - Find a list of questions that you can ask to determine whether your website violates the lawyer advertising rules, subchapter 4-7, Rules Regulating The Florida Bar. Even if you answer each question correctly, it does not necessarily mean that the advertisement complies with the lawyer advertising rules. Find information on ethics opinions, articles on ethics issues, The Florida Bar Ethics Hotline, frequently asked ethics questions, and miscellaneous information on legal ethics in Florida.
Handbook on Attorney Adverting in Florida - The Ethics and Advertising Department of The Florida Bar developed this handbook to help attorneys understand the rules that apply to lawyer advertising. The handbook includes a breakdown of the rules for each type of advertisement, answer frequently asked questions about lawyer advertising regulations, checklists for each type of advertising, examples of complying and non-complying advertisements.
Directory to Find Lawyers in Florida - Use the Lawyer Legion directory to find the right attorney in Florida. Search by name, specialty practice area, or location.
This article was last updated on Friday, July 5, 2024.
