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.

1. Brian Tannebaum
Tannebaum Weiss, P.L.

2. } Purpose:
} preventing
the
dissemination of misleading
and unduly manipulative
information

3. 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.

4. “unduly manipulative”
“objectively verifiable”
“potentially misleading”
“unduly manipulative or
intrusive”

6. 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.

8. } 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.

9. } aggressive
} intelligent
} creative
} honest
} trustworthy

10. goal
dedicated
mission
philosophy

11. } “the
best”
} “second
to none”
} “the finest”

12. }
}
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.

13. the ad (unless exempt)
} 20 days prior to publication
} Silence after 15 days – publish!
} Submit prior to completion –
no additional fee upon
completion
} File

14. } Binding,
unless…
} Advertisement contains a
misrepresentation that is
not apparent from the face
of the advertisement.
} Bar changes their mind.