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The Florida Bar adopted new attorney advertising rules in 2013. The rules apply to websites and social networking and video sharing sites in addition to traditional media such as print, television and radio. Florida lawyer, Brian Tannebaum, discusses what this all means for lawyers and law firms in the Sunshine State.
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Brian Tannebaum Tannebaum Weiss, P.L.
} Purpose: } preventing the dissemination of misleading and unduly manipulative information
The proposals are designed to make the advertising rules
more cohesive, easier for lawyers who advertise to
understand, and less cumbersome for the Bar to
apply and enforce.
“unduly manipulative” “objectively verifiable”
“potentially misleading” “unduly manipulative or
intrusive”
A result that omits pertinent information, such as failing to disclose that a specific judgment was uncontested or obtained by default, or failing to disclose that the judgment is far short of the client's actual damages.
} it implies the existence of a material nonexistent fact
} statement in an advertisement that a lawyer is a founding member of a legal organization when the lawyer has just begun practicing law.
} aggressive } intelligent } creative } honest } trustworthy
goal dedicated mission philosophy
} “the best” } “second to none” } “the finest”
} Past successes can now be advertised unless they are: atypical of persons under similar circumstances.
} Testimonials are allowed “as long as they
are truthful and are based on the actual experience of the person giving the testimonial, are beneficial to prospective clients and are permissible.
} File the ad (unless exempt) } 20 days prior to publication } Silence after 15 days – publish! } Submit prior to completion – no additional fee upon completion
} Binding, unless… } Advertisement contains a misrepresentation that is not apparent from the face of the advertisement.
} Bar changes their mind.
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