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Editor: Ben W. Glass
Profession: Attorney at Law

Category: Ethics and Regulation

From a state with some of the oddest and most restrictive lawyer advertising ethics opinions comes website rules that are refreshingly open and full of common sense.

Florida's lawyer advertising rules recognize the significant difference between advertising that is "broadcast" to the world (whether the recipient of the advertising message needs a lawyer or not) and that advertising which is "a request for further information." Under Florida's rules, there are far fewer restrictions on what can be said when a consumer "requests further information" from an attorney.

In Florida's lawyer advertising rules it does recognize the significant difference between advertising that is "broadcast" to the world (whether the recipient of the advertising message needs a lawyer or not) and that advertising which is "a request for further information." Under Florida's rules, there are far fewer restrictions on what can be said when a consumer "requests further information" from an attorney

Florida's new website rules will require that the web site's homepage comply with all bar advertising regulations, except the requirement that it be submitted to the bar for review. Inside pages however (defined as accessed by the viewer taking a definite action that can be deemed a request for further information) will be exempt from three other ad regulations. This will allow attorneys and law firms in Florida to make "objectively accurate characterizations about the quality of their services" and, with the inclusion of a disclaimer (no big deal, no one reads disclaimers) to use client testimonials and refer to past results.

The Florida Ethics Board's vote ends a nearly four-year review of all bar advertising rules of which website advertising took the longest. Interestingly the Federal Trade Commission voted 5-0 to allow its staff comments expressing reservations to be filed with the Florida Bar. The FTC expressed concerns that the new rules would restrict some truthful ads and might lead to a higher cost for consumers.