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The Florida Bar
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Guidelines for Video Sharing Sites

Guidelines for Video Sharing Sites
Approved by The Standing Committee on Advertising
(Revised May 8, 2012)

Video sharing sites accessed via the Internet have proliferated in the last several years. There are numerous video sharing sites. A video sharing site is a site accessed via the Internet that permits video viewing, uploading and sharing via search or direct link. Probably the most well-known video sharing site is YouTube, on which registered users are permitted to upload videos, but all visitors are permitted to view.

The Standing Committee on Advertising has reviewed the video sharing media, and issues the following guidelines for lawyers using them.

Videos of individual lawyers on video sharing sites that are used solely for purposes that are unrelated to the practice of law are not subject to the lawyer advertising rules.

Videos appearing on video sharing sites that are used to promote the lawyer or law firm’s practice are subject to the lawyer advertising rules. These videos and all information the lawyer or law firm posts with them must therefore comply with all of the general regulations set forth in Rule 4-7.2. Regulations include prohibitions against any misleading information, which includes references to past results, promises of results, and testimonials. Regulations also include prohibitions against statements characterizing the quality of legal services. Lawyers and law firms should review Rule 4-7.2 in its entirety to comply with its requirements. Additional information is available in the Handbook on Lawyer Advertising and Solicitation on the Florida Bar website.

Invitations to view or link to the lawyer’s video sent on an unsolicited basis for the purpose of obtaining, or attempting to obtain, legal business are direct solicitations in violation of Rule 4-7.4(a), unless the recipient is the lawyer’s current client, former client, relative, has a prior professional relationship with the lawyer, or is another lawyer. Any invitations to view the video sent via e-mail must comply with the direct e-mail rules if they are sent to persons who are not current clients, former clients, relatives, other lawyers, persons with whom the lawyer has a prior professional relationship or persons who have requested information from the lawyer. Direct e-mail must comply with the general advertising regulations set forth in Rule 4-7.2 as well as additional requirements set forth in Rule 4-7.6(c). Information on complying with the direct e-mail rules is available in the Handbook on Lawyer Advertising and Solicitation and in the Direct E-Mail Quick Reference Checklist on the Florida Bar website.

Finally, the Standing Committee on Advertising is of the opinion that videos posted on video sharing sites are not required to be filed with The Florida Bar for review.

In contrast with a video posted on a video sharing site, a banner advertisement posted by a lawyer on a video sharing site is subject not only to the requirements of Rule 4-7.2, but also must be filed for review unless the content of the advertisement is limited to the safe harbor information listed in Rule 4-7.2(b)(1). See Rules 4-7.6(d), 4-7.7(a)(2) and 4-7.8(a).

[Revised: 3/9/10]