Tag Archives: Florida Bar

Florida Supreme Court approves revised Bar advertising rule with requirements for lawyers to call themselves “experts” or “specialists”

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Florida Supreme Court opinion approving (with minor revisions) Bar Rule 4-7.14, which sets forth the requirements for Florida  lawyers to call themselves “experts” and “specialists”  in advertisements and other documents.  The case is In re: Amendments to Rule Regulating The Florida Bar 4-7.14., Case No. SC18-2019.  The June 27, 2019 Supreme Court of Florida opinion is here: https://www.floridasupremecourt.org/content/download/527989/5865891/file/sc18-2019.pdf.  The rule revisions become effective on August 26, 2019.

As I blogged previously here: https://jcorsmeier.wordpress.com/2015/10/02/federal-district-judge-enjoins-the-florida-bar-from-enforcing-rule-prohibiting-truthful-claims-of-expertise/, U.S. District Court Judge Robert Hinkle found in 2015 that non-certified lawyers could have the skills and experience of certified lawyers and held that the Florida Bar Rule restricting the use of “expert” and “specialist” to lawyers who were certified by The Florida Bar (or its equivalent) was unconstitutional and he enjoined the Bar from enforcing it.  The Florida Bar did not appeal.

The Florida Bar’s Board of Governors (BOG) imposed a moratorium on enforcing the rule as written and proposed rule amendments to comply with Judge Hinkle’s ruling; however, the Florida Supreme Court rejected them.  The BOG revised the proposed rule amendments and filed them in 2018.  The opinion approved the revised rule with minor revisions.

The revised Florida Bar Rule 4-7.14 states that lawyers may not claim to have specialization or expertise in an area of law unless they are certified by the Florida Bar, the American Bar Association, another Bar’s accredited plan, or “can objectively verify the claim based on the lawyer’s education, training, experience, or substantial involvement in the area of practice in which specialization or expertise is claimed.”  The Bar’s proposed draft rule stated “and substantial”; however, the court changed the “and” to “or”, which is an important revision.

In addition, a law firm may make that claim of expertise in an area of practice if it can show that at least one of its lawyers can meet those standards and if all firm lawyers cannot meet those standards, it must have a disclaimer that not all of its lawyers specialize or have expertise in that area of practice.  Revisions were also made to the rule comments stating that a lawyer who is “of counsel” to a law firm would permit the firm to claim specialization and expertise if the “of counsel” practices solely with that firm.

Bottom line: The revised Florida Bar rule has been in development since 2015 and the Supreme Court rejected a previous version of the proposed rule.  The rule will now permit lawyers to call themselves “experts” or “specialists” if they are certified by the Florida Bar, the American Bar Association, another Bar’s accredited plan,  if the lawyer “can objectively verify the claim based on the lawyer’s education, training, experience, or substantial involvement in the area of practice in which specialization or expertise is claimed.”

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

Advertisements

Leave a comment

Filed under Attorney Ethics, Florida Bar, Florida Lawyer advertising rules, Florida Lawyer Ethics and Professionalism, Florida Supreme Court, joe corsmeier, Joseph Corsmeier, Lawyer advertising, Lawyer advertising and solicitation, Lawyer advertising expert and specialist, Lawyer Advertising opinion, Lawyer advertising rules, Lawyer advertising specialties and certification, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer Professionalism, Lawyer use of expertise and specialist in advertising and certification, Lawyers use of specialization and expertise ethics, New Florida Bar Rule 4-7.14 use of expert and specialist, Uncategorized

Florida Supreme Court permanently disbars lawyer for, inter alia, breaking into former law firm, creating parallel firm, and filing multiple improper fee liens

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Florida Supreme Court Order permanently disbarring a Florida lawyer for, inter alia, breaking into his former law firm and the firm’s storage unit, creating a parallel law firm, and filing multiple improper fee liens.  The case is The Florida Bar v. Christopher Louis Brady, Case No.: SC19-39, TFB No. 2019-10,127(12B)(HES).  The July 11, 2019 Florida Supreme Court Order is here: https://lsg.floridabar.org/dasset/DIVADM/ME/MPDisAct.nsf/DISACTVIEW/2A42CACF97608E7785258439000C41B7/$FILE/_11.PDF 

According to the referee’s report, the lawyer was employed as an associate at a law firm and was fired in July 2018 after missing hearings and for exhibiting “odd and concerning behavior.”  Almost immediately after his firing, the lawyer began holding himself out as the owner of the former law firm even though there was one sole owner.  The Report of Referee is here: https://lsg.floridabar.org/dasset/DIVADM/ME/MPDisAct.nsf/DISACTVIEW/32070D97303477DA852583DF000AB0F1/$FILE/_19.PDF.  The lawyer justified his actions by claiming that the former law firm’s failure to use periods in “PA” when created as a professional association gave him the right to create a new firm of the same name by filing as a professional association with periods, so that it read “P.A.”.

The lawyer and his twin brother were also criminally charged with burglarizing the former law firm’s office in August 2018.  A videotape of the burglary apparently showed the lawyer and his brother backing a truck up to the law firm, tying a rope from the truck to the front door and using the vehicle to rip the door open. The video also showed the lawyer and his brother removing a safe and the law firm’s computer server.  A few days later, the lawyer and his brother burglarized the law firm owner’s storage unit using keys which were taken from a safe that was stolen during the law firm burglary, according to the referee.  The lawyer also stole a firearm during the burglary.

The lawyer filed several documents on behalf of the law firm and its clients without their knowledge or authority, and filed a false confession of judgment in his own favor.  He also filed more than 100 notices of liens for fees in the law firm’s pending cases “in an attempt to grab fees from cases to which he was not entitled.”

The law firm owner obtained an injunction which barred the lawyer from harassing him or interfering with his business.  The injunction also prohibited the lawyer from contacting the firm owner, his employees, his clients or his attorney. The lawyer violated that injunction multiple times and a court order was issued holding him in contempt for violating the injunction three times.

The referee’s report cited the lawyer’s refusal to acknowledge the wrongful nature of his conduct as one of the multiple aggravating factors and recommended permanent disbarment.  According to the referee’s report, “(the lawyer’s failure to acknowledge the wrongful nature of his misconduct) is perhaps the most profoundly implicated aggravator in this case”.  The lawyer “clings to his justification for his actions with a ferocity that is quite disturbing.”

Bottom line:  This case is certainly very bizarre and the lawyer’s conduct as set forth in the report of referee is extremely disturbing.

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

 

 

 

Leave a comment

Filed under Attorney discipline, Attorney Ethics, deceit, dishonesty, Florida Bar, Florida Lawyer Ethics and Professionalism, Florida Supreme Court, fraud, joe corsmeier, Joseph Corsmeier, Lawyer burglarizing former law firm, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer criminal charge suspension, Lawyer criminal conduct, Lawyer disbarment, Lawyer disbarment personal misconduct, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false fee liens, Lawyer false statements, Lawyer filing frivolous pleading, Lawyer misrepresentation, Lawyer permanent disbarment, Lawyer permanent disbarment theft and burglary, Lawyer sanctions, misrepresentations, Uncategorized

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

 

 

 

 

 

 

Leave a comment

Filed under Attorney Ethics, Bar rules deceptive and misleading advertisements Google AdWords, Florida Bar, Florida Bar rule using GoogleAds words to misdirect to another firm, Florida Bar Rule- lawyer misleading law firm information in all advertising, Florida Lawyer Ethics and Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer advertising, Lawyer advertising rules, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer misleading law firm information in advertising, Uncategorized

Florida Bar Supreme Court opinion provides guidance regarding ethical payments to fact witnesses in litigation

Hello everyone and welcome to this Ethics Alert which will discuss the recent (December 28, 2018) Florida Supreme Court opinion which discusses the ethical requirements surrounding witness fees and guidance lawyers regarding Florida Bar Rule 4-3.4(b) which prohibits inducements to fact witnesses to testify.  The case is: Trial Practices, Inc. v. Hahn Loeser & Parks, LLP etc. No. SC17-2058 and the opinion is here: https://www.floridasupremecourt.org/content/download/425462/4585484/file/sc17-2058.pdf

The underlying case involved a dispute between two business partners.  One of the partners hired Trial Practices, Inc. (TPI) for consulting services in the litigation, which ended in a mistrial and was later settled.  After the settlement, TPI claimed the 5% fee based on the value of certain transferred property and the settlement of related litigation involving the partners.

The partner denied owing TPI the 5% fee and claimed that the settlement agreement was a “walk away” agreement with no “gross recovery” to either side.  TPI then sued the partner for breach of the consulting agreement and, in the trial that followed, the jury found for the partner on all issues.  The partner then pursued attorney’s fees and costs from TPI, which challenged the costs, including approximately $236,000.00 paid to “seven fact witnesses’ professional firms,” some of which helped prepare the settlement agreement in the original litigation.

The Second District Court of Appeal upheld most of the trial court’s award of costs and fees to the partner, but certified a question to the Supreme Court as to whether Bar Rule 4-3.4(b) allows payments to witnesses for case and discovery preparation.  The court slightly rephrased the certified question as: 

Whether under the Bar rule a fact witness could be paid for “case and discovery preparation that is not directly related to the witness preparing for, attending, or testifying at proceedings.” 

The opinion (written by Justice Charles Canady) answers that question in the negative and cautioned lawyers to be careful when compensating witnesses to avoid any perception they are trying to influence the testimony in violation of Florida Bar Rule 4-3.4(b).  That rule prohibits offering inducements to witnesses except for expenses related to testifying, a reasonable fee for expert witnesses, and the language in the pre-2014 version at issue in the case, “reasonable compensation to reimburse a witness for the loss of compensation incurred by reason of preparing for, attending, or testifying at proceedings…”.  Bar Rule 4-3.4 was amended in 2014 to remove “reimburse” and “loss of compensation” from the language since that language arguably prohibited lawyers from compensating witnesses who have no income.

The opinion states that Rule 4-3.4(b) involves the balancing of concerns over offering or paying inducements for testimony and recognizing the value of the time expended by the witness and providing an incentive to assist with the “truth-seeking function of the trial process.”

“Athough we conclude that ‘preparing for, attending, or testifying at proceedings’ can reasonably be interpreted to include certain ‘assistance with case and discovery preparation,’ we also reiterate the importance of rule 4-3.4(b) and the prohibition against improperly influencing witnesses…(o)ur disciplinary cases have repeatedly noted – both in the context of rule 4-3.4(b) and otherwise – the importance of avoiding even the appearance of improper influence. Although we do not find these disciplinary cases to be on point, we emphasize the narrow nature of the issue we address here.”

Further:

“permitting payments for any type of ‘assistance with case and discovery preparation’ would not only be inconsistent with the rule’s plain language but could open the door to purchasing testimony under the pretext of such ‘assistance’ and compromise the integrity of the fact-finding process – the very thing rule 4-3.4(b) is designed to prevent. We thus decline to broadly conclude that ‘assistance with case and discovery preparation’ is subsumed within ‘preparing for, attending, or testifying at proceedings…(h)owever, we also recognize – as this case demonstrates – that there is room for overlap between the two categories. We therefore also decline to adopt a view that effectively treats the two categories as mutually exclusive.

“We think the more appropriate inquiry is whether the witness’s ‘assistance with case and discovery preparation’ is directly related to the witness ‘preparing, attending, or testifying at proceedings.’ Although less than perfectly precise, viewing the payments through that narrower lens is consistent with the language of the rule and avoids prejudicing parties in highly complex cases such as this where they are dependent upon professionals.”

The opinion remanded the case to the trial court for further proceedings consistent with the decision.

Bottom line:  This opinion attempts to clarify the rule regarding ethical payments to fact witnesses in litigation which are not improper inducements and concludes that payments to fact witnesses are permitted only when the assistance of the witness with the case and discovery preparation is directly related to the witness preparing, attending, or testifying at proceedings.

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

 

 

 

Leave a comment

Filed under Attorney Ethics, Florida Bar, Florida Bar Rule 4-3.4(b) payments to fact witnesses, Florida Lawyer Ethics and Professionalism, Florida Supreme Court, Florida Supreme Court payments and inducements to fact witnesses, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer ethics fact witness payments

Florida Bar Board of Governors approves Ethics Opinion addressing lawyer fee arrangements with qualifying providers

Hello everyone and welcome to this Ethics Alert which will discuss the Florida Bar Board of Governor’s (BOG) unanimous approval of Ethics Advisory Opinion 18-1 addressing fee arrangements between qualifying providers and participating lawyers to comply with amended Florida Bar Rule 4-7.22, which substantially revises the requirements for qualifying providers.  Ethics Opinion 18-1 is here: https://www-media.floridabar.org/uploads/2018/10/Proposed-Advisory-Op-18-1-website-10-12-18.pdf

At its December 14, 2018 meeting in Naples, the BOG approved Advisory Ethics Opinion 18-1, “Payments to Qualifying Providers/Lawyer Referral Services.” regarding for-profit qualifying providers, previously known as lawyer referral services, and related payment methods.  The BOG approved the Ethics Opinion unanimously without debate.

Under amended Bar Rule 4-7.22, which became effective in April 2018, a qualifying provider is, “any person, group, or persons, associations, organizations, or entities that receive any benefit or consideration, monetary or otherwise, for the direct or indirect referral of respective clients to the lawyers or law firm.”

The Comment to Rule 4-7.22 states:

“A lawyer may not participate with a qualifying provider that receives any legal fee that constitutes a division of legal fees with a non-lawyer unless the qualifying provider is The Florida Bar Lawyer Referral Service or a lawyer referral service approved by The Florida Bar pursuant to Chapter 8 of these rules,” the comment states. “A fee calculated as a percentage of the fee received by a lawyer, or based on the success or perceived value of the case, would be an improper division of legal fees…(a)dditionally, a fee that constitutes an improper division of fees occurs when the qualifying provider directs, regulates, or influences the lawyer’s professional judgement in rendering legal services to the client.”

Ethics Advisory Opinion 18-1 lists the following factors which “mitigate in favor of a conclusion that the charge is permissible”:

  1. The charge is reasonably based on the qualifying provider’s costs for marketing and administration plus a reasonable profit; and
  2. the charge is imposed regardless of whether the lawyer is hired by the prospective client.

The opinion lists the following factors which would “mitigate in favor of a conclusion that the charge is impermissible”:

  1. The charge is based on the perceived value of the individual matter.
  2. The qualifying provider collects the lawyers’ fees directly from the consumer, takes a portion of the fee as the charge for the referral or match, then remits the remainder to the lawyer.
  3. The qualifying provider interferes with the lawyer’s independent professional judgment in representing clients or directs the lawyer’s activities in representing clients.
  4. There is sufficient incentive for the qualifying provider to improperly solicit prospective clients or improperly market the service.

The opinion states that: “the board believes the following would be permissible:”

  1. A reasonable, pre-arranged fixed charge per time period such as weekly, monthly, or yearly;
  2. A reasonable, pre-arranged fixed charge for each time a consumer views information about a specific lawyer, commonly referred to as “pay-per-click.”
  3. A reasonable, pre-arranged fixed charge per matter referred to the lawyer that is not contingent on the outcome of the matter and does not vary based on the amount at issue in the matter.
  4. A reasonable, pre-arranged fixed charge per matter referred to the lawyer that varies based on the type of matter only if the varying charge is based on demonstrably different marketing and administrative costs rather than the perceived value of the case.

The opinion states that: “the board believes the following would generally be impermissible”:

  1. A charge calculated as a percentage of the fee received by a lawyer.
  2. A charge calculated as a percentage of the client’s recovery in the matter.
  3. A charge based on the perceived value of the case referred to or accepted by a participating lawyer.
  4. A flat charge that differs based on the perceived value of the case referred to or accepted by a participating lawyer.
  5. A flat charge per case accepted by a participating lawyer.
  6. A flat charge per case accepted by a participating lawyer that differs based on the type of matter (e.g., personal injury versus family law).

The opinion states that it is designed solely to address what constitutes impermissible fee splitting, and that lawyers should not “assume that a lawyer may participate with a particular qualifying provider solely because the qualifying provider’s method of charging for its services falls within one of the methods the board concludes generally would be found to be permissible.”

Bottom line:  The Ethics Opinion identifies various fee arrangements between lawyers and qualifying providers which may or may not comply with the new rule.  Any lawyers who participate in (or are considering participating in) referrals from a private entity should carefully review this ethics opinion and the amended rule, since lawyers can be disciplined if the referral service (qualifying provider) fails to comply with 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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Leave a comment

Filed under 2018 Florida lawyer referral qualifying provider rule revisions, 2018 Florida lawyer referral service matching service rule revisions, Attorney Ethics, Florida Bar, Florida Bar 2016 Lawyer referral rule revisions, Florida Bar Ethics Opinion 18-1 lawyer referral qualifying provider fees, Florida Bar ethics opinion qualifying provider- lawyer fees, Florida Bar lawyer referral rule revisions, Florida Bar matching services, Florida Lawyer Ethics and Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer Referral Services

Florida Supreme Court approves amended rule permitting lawyers to charge clients for actual merchant credit costs

Hello everyone and welcome to this Ethics Alert, which will discuss the recent (1/4/19) Florida Supreme Court opinion approving a revision to Florida Bar Rule 4-1.5(h), which will permit lawyers to charge a client the actual cost of accepting a credit payment. The amended rule(s) become effective March 5, 2019.

The Florida Supreme Court issued the opinion after The Florida Bar filed an omnibus petition proposing amendments to various Rules Regulating The Florida Bar.  The opinion approved the proposed amendment to Bar Rule 4-1.5(h) as follows:

“to replace the provision that “[n]o higher fee shall be charged and no additional charge shall be imposed by reason of a lawyer’s or law firm’s participation in a credit plan” with a statement that “[l]awyers may charge clients the actual charge the credit plan imposes on the lawyer for the client’s transaction.” By so doing, we hereby allow lawyers to pass on the actual costs resulting directly from a client’s choice to pay a bill or invoice with a credit card, or make payments under a credit plan, to that client.”

Bottom line:  When it becomes effective on March 5, 2019, Florida Bar Rule 4-1.5(h) will permit lawyers to charge the client the actual credit merchant charges.  This reverses the prior rule, which specifically prohibited charging the client for such merchant costs.

Be careful out there.

As always, if you have any questions about this Ethics Alert or need assistance, analysis, and guidance regarding ethics, risk management, or other issues, please do not hesitate to contact me.

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

 

 

 

Leave a comment

Filed under Attorney Ethics, Florida Bar, Florida Bar rule permitting lawyers to charge clients with credit card merchant fees, Florida Bar rule permitting lawyers to charge credit card fees to clients, Florida Lawyers charging clients with merchant credit card charges, Florida Supreme Court, joe corsmeier, Joseph Corsmeier, Lawyer charging credit card fees to client

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

Leave a comment

Filed under Attorney Ethics, Bar rules deceptive and misleading advertisements Google AdWords, Florida Bar, Florida Bar rule using GoogleAds words to misdirect to another firm, Florida Lawyer advertising rules, Florida Lawyer Ethics and Professionalism, Florida Supreme Court, joe corsmeier, Joseph Corsmeier, Lawyer advertising, Lawyer advertising and solicitation, Lawyer advertising rules, Lawyer ethics, Lawyer misrepresentation, Lawyer using GoogleAd words to misdirect users, Lawyer websites deceptive and misleading practices for SEO, misleading advertisement