Category Archives: Lawyer advertising rules

Florida Bar Board of Governors approves proposed Bar rule prohibiting misleading law firm information in all lawyer advertisements

Hello everyone and welcome to this Ethics Alert, which will discuss the recent approval of revisions to Florida Bar Rule 4-7.13 by the Florida Bar Board of Governors (BOG).  If implemented, the proposed revisions would prohibit misleading law firm information in all Florida lawyer advertisements.

As I previously reported, the agenda for the BOG’s May 26, 2019 meeting included final action on a proposed amendment to Florida Bar Rule 4-7.13 related to misleading law firm advertisements. The BOG ethics committee previously voted not to approve a proposal to add Bar Rule 4-7.13(c), which would have stated:

It is inherently misleading or deceptive for a lawyer to intentionally use, or arrange for the use of, the name of a lawyer not in the same firm or the name of another law firm as words or phrases that trigger the display of the lawyer’s advertising on the internet or other media, including directly or through a group advertising program.”

The revised proposed rule would broaden the prohibition to include all advertisements stating or implying that a lawyer is affiliated with the advertising lawyer or law firm in a way that misleads a person searching either for a particular lawyer or law firm or for information regarding a particular lawyer or law firm, to unknowingly contact a different lawyer or law firm.  The proposed rule is below.

RULE 4-7.13 DECEPTIVE AND INHERENTLY MISLEADING ADVERTISEMENTS 

(b) Examples of Deceptive and Inherently Misleading Advertisements. Deceptive or inherently misleading advertisements include, but are not limited to advertisements that contain: 

(11) a statement or implication that another lawyer or law firm is part of, is associated with, or affiliated with the advertising law firm when that is not the case, including contact or other information presented in a way that misleads a person searching for a particular lawyer or law firm, or for information regarding a particular lawyer or law firm, to unknowingly contact a different lawyer or law firm.

The proposed rule will now undergo a review process and will be sent to the Florida Supreme Court in a petition for potential approval and implementation.

Bottom line:  As I have previously reported, if the revised Rule 4-7.13 prohibiting all of these types of misleading advertisements is implemented by the Florida Supreme Court, the rule would be consistent with other jurisdictions that have considered the issue.

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.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

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Florida Bar’s Board of Governors considers final action on proposed rule revision prohibiting misleading law firm information in all advertisements

Hello everyone and welcome to this Ethics Alert, which will discuss the potential final review of potential revisions to Florida Bar Rules 4-7.13 by the Florida Bar Board of Governors (BOG), which would prohibit misleading law firm information in advertisements.

The BOG’s agenda for its May 24, 2019 meeting includes final action on a proposed amendment to Rule 4-7.13 related to misleading digital advertisements.  As I previously reported, the BOG ethics committee previously voted down a proposal to add Bar Rule 4-7.13(c) which would have stated that “it is inherently misleading or deceptive for a lawyer to intentionally use, or arrange for the use of, the name of a lawyer not in the same firm or the name of another law firm as words or phrases that trigger the display of the lawyer’s advertising on the internet or other media, including directly or through a group advertising program.”

The revised proposed rule would prohibit all advertisements from stating or implying that a lawyer is affiliated with the advertising lawyer or law firm in a way that misleads a person searching either for a particular lawyer or law firm or for information regarding a particular lawyer or law firm, to unknowingly contact a different lawyer or law firm.  The proposed rule revision is below.

RULE 4-7.13 DECEPTIVE AND INHERENTLY MISLEADING ADVERTISEMENTS

(b) Examples of Deceptive and Inherently Misleading Advertisements. Deceptive or inherently misleading advertisements include, but are not limited to advertisements that contain:

(11) a statement or implication that another lawyer or law firm is part of, is associated with, or affiliated with the advertising law firm when that is not the case, including contact or other information presented in a way that misleads a person searching for a particular lawyer or law firm, or for information regarding a particular lawyer or law firm, to unknowingly contact a different lawyer or law firm.

Bottom line:  As I previously blogged, if the BOG takes final action on the proposed revised Rule 4-7.13 prohibiting all of these types of misleading advertisements (and if the Florida Supreme Court implements the revised rule), this would be consistent with other jurisdictions that have considered the issue.

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.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

 

 

 

 

 

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Florida Bar Board of Governors Ethics Committee will reconsider proposed revised Bar rules to prohibit misleading digital advertising

Hello everyone and welcome to this Ethics Alert which will discuss the Florida Bar Board of Governors’ (BOG) Professional Ethics Committee’s review of a proposal to amend Florida Bar Rule 4-7.13 to prohibit certain misleading digital advertisements at its December 2018 meeting.  A December 1, 2018 Florida Bar News article on the topic is here:  https://www.floridabar.org/news/tfb-news/?durl=%2Fdivcom%2Fjn%2Fjnnews01.nsf%2F8c9f13012b96736985256aa900624829%2Faac68d1f3167d80a85258347004f574f

The BOG Review Committee on Professional Ethics has scheduled a review of proposed Florida Bar Rule 4-7.13 revisions to address a common digital advertising practice known as search engine optimization offered by Google AdWords which allows an advertiser to use a competitor’s name to drive search engine traffic to the advertiser’s website.

The BOG ethics committee previously narrowly voted down a proposal to add Bar Rule 4-7.13(c) at its June 2018 meeting which would have stated that “it is inherently misleading or deceptive for a lawyer to intentionally use, or arrange for the use of, the name of a lawyer not in the same firm or the name of another law firm as words or phrases that trigger the display of the lawyer’s advertising on the internet or other media, including directly or through a group advertising program.”

The proposed rule to be reviewed by the BOG ethics committee contains an alternative proposal that would prohibit  advertisements from stating or implying that a lawyer is affiliated with the advertising lawyer or law firm in a way that misleads a person searching either for a particular lawyer or law firm or for information regarding a particular lawyer or law firm, to unknowingly contact a different lawyer or law firm.

The proposed rule revision is below with the new language in italics.

RULE 4-7.13 DECEPTIVE AND INHERENTLY MISLEADING ADVERTISEMENTS

(b) Examples of Deceptive and Inherently Misleading Advertisements. Deceptive or inherently misleading advertisements include, but are not limited to advertisements that contain:

(11) a statement or implication that another lawyer or law firm is part of, is associated with, or affiliated with the advertising law firm when that is not the case, including contact or other information presented in a way that misleads a person searching for a particular lawyer or law firm, or for information regarding a particular lawyer or law firm, to unknowingly contact a different lawyer or law firm.

Bottom line:  This proposed revised advertisement rule revision would address a common digital advertising practice known as search engine optimization offered by Google AdWords which allows an advertiser to use a competitor’s name to drive search engine traffic to the advertiser’s website, which has been alleged to be a violation of the Florida Bar Rules.

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.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

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Florida Bar Board of Governors approves revised rule on qualifying provider fees and ethics opinion on “expert” and “specialist”

Hello everyone and welcome to this Ethics Alert which will discuss recent (October 12, 2018) vote of The Florida Bar’s Board of Governors to approve substantive revisions to Bar Rule 4-7.14 related to the use of “expert” and “specialist” and to approve proposed ethics advisory opinion 17-2, which addresses payment arrangements between lawyers and lawyer referral services (now called qualified providers).    The ethics opinion has been renumbered to 18-1 and the Bar’s notice of the approval of the opinion and requesting comments with a link to the opinion is here:  https://www.floridabar.org/ethics/etprop-advisory/

With regard to the proposed revised Bar Rule 4-7.14, the Board considered a new proposed amendment that is designed to remove the portions of the rule which were found unconstitutional by the federal court judge in 2015.  The proposed revised rule adds new subdivisions to comply to the federal court’s order and also to address the concerns of the Florida Supreme Court, which rejected the Bar’s previous proposed revised rule.

Revised Bar Rule 4-7.14 would allow non-certified attorneys to call themselves “expert” or “specialist” if they can objectively verify that claim based upon the lawyer’s education, training, experience, and “substantial involvement” in the area of practice. The amended rule would also allow law firms to call themselves “experts” or “specialists” if that claim can be objectively verified for at least one lawyer in the firm.  The law firm making the claim would be required to have a disclaimer stating that not all firm members meet the same standards, if there are lawyers who do not qualify.

With regard to Ethics Advisory Opinion 18-1,the Board considered an opinion drafted by the Board Review Committee on Professional Ethics provides that whether a particular payment method between lawyers and qualifying providers f/k/a lawyer referral services is permissible must be determined on a case-by-case basis.  The opinion sets out criteria for determining whether a payment plan is proper and ethical and the ethics opinion is discussed and summarized in the Bar News article here: https://www.floridabar.org/news/tfb-news/?durl=%2Fdivcom%2Fjn%2Fjnnews01.nsf%2F8c9f13012b96736985256aa900624829%2F06fb4fe9ad6425748525830f004fc60b

The Board considered and approved the ethics opinion at its meeting on October 12, 2018 and will consider any comments at its December 14, 2018 meeting in Naples, Florida.

Bottom line:  The Florida Bar’s Board of Governors has taken further steps to address the issues related to the use of “expert” and “specialist” (and the federal court’s ruling that its application was unconstitutional and issuing an injunction) and also the payment arrangements between lawyers and lawyer referral services/qualifying providers.

Be careful out there.

Disclaimer:  this Ethics Alert 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.

29605 U.S. Highway 19, N., Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

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Florida Bar Board of Governors scheduled to review proposed revisions to Bar Rules related to referral services and lawyer “expert” advertising

Hello everyone and welcome to this Ethics Alert which will discuss the scheduled review by the Florida Bar Board of Governors (BOG) of proposed amendments to the Florida Bar Rules related to private lawyer referral services/qualifying providers and lawyer advertising as expert/specialist when the lawyer is not certified at its July 27, 2018 meeting.  According to the Florida Bar:

“The Board Review Committee on Professional Ethics has on their agenda a question regarding how lawyers can be paid by lawyer referral services — or qualifying providers — including considering several arrangements that are currently banned by Bar rules. Here is an overview and a Q&A on the changes that went into effect on April 30. Overview and Q&A

“The committee may report on the requests of three lawyer referral companies on whether they are qualifying providers under revised Bar Rule 4-7.22. 411-Pain and 1-800-Ask-Gary said they primarily want to refer callers who need medical assistance to their affiliated clinics and will send those who request legal assistance to participating lawyers at no cost. LegalRFQ wants to create an online system where potential clients could post their legal problems online and participating lawyers could submit bids for handling those issues.”

“In addition, the agenda includes a discussion on an amendment to Bar Rule 4-7.14, which allows attorneys and law firms that are not certified to advertise they are experts or specialists. Experts and Specialists  This amendment is being presented to the board on first reading. Almost three years ago, a federal judge struck down the Bar’s rule prohibiting non-certified lawyers from saying they or their firms are experts or specialists. The Bar’s first attempt to redraft the rule — which said lawyers and law firms that substantially met certification standards could say they were experts or specialists — was rejected by the Florida Supreme Court. The court said the amendment ‘could lead to differing and inconsistent applications.’ The board has a December 17 deadline to refile the amendment with the court.”

Bottom line: The BOG will be considering proposed revisions to the lawyer referral/qualifying provider rules, including fee arrangements that are currently prohibited by the rules, and also an amendment to the certification rule which would address the federal court opinion which found that this rule was unconstitutional as applied and issued an injunction prohibiting its enforcement, which the Bar did not appeal.

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.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

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Florida Bar’s Board of Governors considers Bar Rule amendment prohibiting lawyers from using Google AdWords to misdirect results

Hello everyone and welcome to this Ethics Alert, which will discuss the recent proposed amendment to Florida Bar Rule 4-7.13 which would prohibit a Florida lawyer from using the name of another lawyer or law firm to trigger a search result that includes an Internet advertisement of the first lawyer.  The Florida Bar Board of Governors Agenda Item Summary of the proposed rule amendment is  here: file:///C:/Users/jcorsmeier/Downloads/Board_Agenda_Item_20c_Board_Numbering_March_2018.pdf

The Board Review Committee of the Bar’s Board of Governors (BOG) is considering the amendment to Bar Rule 4-7.13 which would prohibit the unauthorized use of a lawyer’s name in metadata or Google AdWords to drive search results to a different lawyer’s website.  The BOG previously rejected a Bar Standing Committee on Advertising (SAC) opinion that reached the same conclusion, voting 23-19 to withdraw the opinion on December 13, 2013.

According to the Bar summary, the BOG voted to withdraw the SCA opinion “because the purchase of ad words (such as Google ad words or other search engines such as Yahoo or Bing) is permissible as long as the resulting advertisements or sponsored links clearly are advertising based on their placement and wording, and because meta tags and hidden text are outdated forms of web optimization that are penalized by search engines and can be dealt with via existing rules prohibiting misleading forms of advertising.”

The proposed amendment to Rule 4-7.13 and proposed comment are below:

(c) Using Names of Other Lawyers or Law Firms in Internet Advertising. It is inherently misleading or deceptive for a lawyer to intentionally use, or arrange for the use of, the name of a lawyer not in the same firm or the name of another law firm as words or phrases that trigger the display of the lawyer’s advertising on the Internet or other media. This prohibition applies regardless of whether the lawyer directly uses the other’s name or does so indirectly, such as through participation in a group advertising program.

Comment

Use of Other Lawyers’ Names

The reputation of a lawyer or law firm is valuable and is personal to that lawyer or law firm. A lawyer’s name and reputation may be the lawyer’s greatest professional asset. Principles of professionalism, as well as the bar’s interest in protecting the public by preventing deceptive advertising, dictate that a lawyer’s name should not intentionally be used by another lawyer in an Internet advertising scheme or campaign. A lawyer’s intentional use of another’s name as keywords or search terms in order to attract prospective clients to the lawyer’s advertising is a misuse of the other’s name and reputation and is inherently misleading or deceptive.

Bottom line:  The proposed amendment will again be on the BOG agenda at its next meeting in May 2018.  If approved by the BOG and implemented by the Florida Supreme Court, this Bar rule amendment would prohibit a lawyer from purchasing internet search engine or other key words which misdirect (or redirect) users who search for one lawyer’s name to another lawyer’s website.

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.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

 

 

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Florida Supreme Court adopts substantial revisions to Bar rules related to private lawyer referral services

Hello everyone and welcome to this Ethics Alert Update which will discuss the recent (March 8, 2018) Florida Supreme Court opinion approving amendments to Florida Bar Rule 4-7.22 related to private and for profit lawyer referrals.  The amendments substantially revise the current rule, including the broadening definitions, changing the name of the referral companies to “matching services” and “qualifying providers”, prohibiting fee splitting, and removing the previously required disclaimer that the entity is a lawyer referral service.  The Court’s opinion is here: http://www.floridasupremecourt.org/decisions/2018/sc16-1470.pdf  The rule amendments are effective April 30, 2018, at 12:01 a.m.

Amended Rule 4-7.22 specifically prohibits fee splitting between the referral entities and lawyers and prohibits deceptive, misleading, or false advertising by those entities.  Also, any private entities that connect consumers looking for legal services with lawyers will be called “qualifying providers” regardless of whether they are a “traditional” referral service (ASK-GARY, 411 PAIN) or a technology-based provider (AVVO, LegalZoom).

The Court rejected the Bar’s proposed referral rule amendments in 2015 stating that private referral service entities should only be owned by lawyers.  The Bar filed revised rules in 2016 and the Court issued an Order on May 3, 2017 rejecting the proposed rule revisions and dismissing the Bar’s Rules Petition without prejudice.  That Order stated that the revised rules failed to comply with the Court’s directive that lawyer referral services should be owned or operated only by a member of the Bar and sought to expand the scope of the rule to include “matching services” and other similar services not currently regulated by the Bar.

In its March 8, 2018 opinion, the Court implemented the Bar’s proposed rule amendments but stated that “(the amendments do not) resolve our concern with how some lawyer referral services operate in Florida, especially those that refer clients to other professionals and occupational disciplines for services arising from the same incident. The findings of the Special Committee (on Lawyer Referral Services) on this matter are troubling and we continue to believe additional measures are needed to ensure the public is not exposed to harm. We therefore direct the Bar to submit a petition within ninety days proposing amendments to rule 4-7.22, and any other rule necessary, to implement the Special Committee’s first recommendation.”

Bottom line:  The Florida Supreme Court has adopted the Bar’s revised referral rule, which will substantially change the current rule; however, the Court has indicated that it continues to believe that services which are owned by non-lawyers and make referrals of both lawyers and other professionals should be prohibited and directed the Bar “to submit a petition within ninety days proposing amendments to rule 4-7.22, and any other rule necessary, to implement the Special Committee (on Lawyer Referral Service)’s first recommendation.”

Lawyers who participates in referrals from a private entity (or is considering doing so), should carefully review the new rules, since the rule requires a lawyer who participates to insure that the private entity is in full compliance with the Bar rule.

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.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

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