Hello everyone and welcome to this Ethics Alert, which will discuss the recent Florida Bar Board of Governors (BOG) reversal of a Florida Bar advertising committee opinion that found that targeted social media advertisements were not subject to the solicitation rules.
The BOG voted at its January 2020 meeting to reverse an opinion by the Bar’s Standing Committee on Advertising related to a lawyer who wanted to use information that prospective class action members provided to social media platforms and target specific advertisements to their social media feeds. The BOG’s Board Review Committee had previously voted 9-0 to recommend that the BOG reverse the Standing Committee on Advertising and find that these types of advertisements are direct solicitations and are required to comply with the direct contact/solicitation rules.
The inquiring lawyer did not indicate the specific legal matter that would be pursued; however, the lawyer gave, as an example, an advertisement for an employment class action that would be targeted to users who had told social media providers that they currently or previously worked for the potential defendant company.
The Bar advertising committee’s opinion found that this type of advertisement was subject to the direct contact/solicitation rule; however, it must comply with the general advertising rules. The Florida Bar staff and professional ethics committee had also previously issued opinions stating that a lawyer posting information in an online chat room or sending text messages to telephones are required to comply with the direct contact/solicitation rules.
Bottom line: As a result of the BOG decision (and unless it is reversed), lawyers who wish to use such targeted social media advertisements will be required to comply with the strict requirements of Florida Bar Rule 4-7.18(b) regarding direct contact with prospective clients. Lawyers should also keep in mind that ethics and advertising opinions (and a BOG reversal of an opinion) are not binding and for guidance only; however, lawyers may be still subject to investigation and potential discipline if the interpretation of the rule is upheld.
Be careful out there.
Disclaimer: this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.
Joseph A. Corsmeier, Esquire
Law Office of Joseph A. Corsmeier, P.A.
2999 Alt. 19, Suite A
Palm Harbor, Florida
Office (727) 799-1688
Fax (727) 799-1670
Please note: My office has moved and the new office address is 2999 Alt. 19, Palm Harbor, FL 34683. All other contact information remains the same.