All lawyer advertisements must contain the name of at least 1 lawyer or the law firm. All advertisements for qualifying providers (lawyer referral services, matching services, group or pooled advertising programs, directories, and tips or leads generators) must contain the name of the qualifying provider. Rule 4-7.12(a)(1).

All advertisements must give at least one bona fide office location by city, town, or county of the lawyer who will perform the legal services advertised. Rule 4-7.12(a)(2).

The above are the minimum requirements for advertisements. Other requirements may apply depending on the content of your advertisement. For example, if you intend to refer the case out, this must be stated in the advertisement. Rule 4-7.12(b). As another example, if your advertisement discusses your fee, there must also be a statement of whether the client is responsible for any additional costs. Rule 4-7.14(a)(5). These are just two examples. You should look to the content of each particular advertisement and the applicable rules for the requirements for that particular advertisement.

Yes, you can always include your areas of practice as long as they are areas in which you actually practice. Rules 4-7.16(a)(6) and 4-7.13(b)(4). You can also state that you limit your practice to one or more areas of law. 4-7.14(a)(4). However, if you are not board certified in a particular area of law, you cannot state that you are board certified in that area of law. Rule 4‑7.14(a)(4). You must be able to objectively verify any claims that you specialize, are an expert, or variations of those terms, in an area of law, either via board certification in that area or by being able to objectively verify specialty or expertise based on your education, training, experience, or substantial involvement in that area.

No, the hiring disclosure, “The hiring of a lawyer is an important decision that should not be based solely upon advertisements…” is no longer required by the lawyer advertising rules although you may continue to use it if you wish. In re: Amendments to the Rules Regulating The Florida Bar, 971 So. 2d 763 (Fla. 2007).

Any information or disclosures required under Subchapter 4-7 must appear in the same language in which the advertisement appears. Rule 4-7.12(c). If an advertisement uses more than one language, the required information or other disclosure must appear in each language used in the advertisement. Id. However, the Standing Committee on Advertising has determined that if the only information in a different language is a statement saying that you speak a foreign language, such as “se habla Español,” the requirement to have all required information in each language used is not triggered.

Any information required by the lawyer advertising rules to be in an advertisement must be clear and conspicuous and clearly legible when appearing in writing and must be intelligible if spoken. Rule 4-7.12(d). For purposes of these rules, “clear and conspicuous” as applied to disclaimers and other required information means it is “written, displayed, or presented in such a way that a reasonable person should notice it.” Rule 4-7.12(d). The Comment to the Rule is instructive:

Information required by these rules to appear in an advertisement must be clear and conspicuous. If a disclaimer is required to modify specific written text, generally it will be clear and conspicuous if it receives equal or greater prominence, presentation, and placement and appears in close proximity relative to the text to be modified. For example, if a disclaimer is required to modify specific written text, generally it will be clear and conspicuous if it appears in the same or larger size text and immediately together with the text to be modified. If a disclaimer is required to modify spoken words, generally it will be clear and conspicuous if spoken at the same volume, tone, and speed as the words it modifies. If a disclaimer appears in text to modify spoken words, generally it will be clear and conspicuous if displayed in sufficiently large text that a reasonable person should notice it, at the same time the words it modifies are spoken, and for the duration of the time as the words it modifies. The overarching consideration for required information or a disclaimer is that consumers notice it, read or hear it, and understand it.

Required information, may need to be printed in a different color, bolded, or some other means used to make the required information clear and conspicuous as compared to other information in the advertisement. Required information, including a required disclaimer, may not appear in fine print, nor may it be buried in a footnote. In a television advertisement where required information appears as on-screen text, it will generally be clear and conspicuous if displayed in sufficiently large text that a reasonable person should notice it, at the same time the words are spoken, and for the duration of time as the words it modifies are spoken In an advertisement where required information is spoken, it will generally be clear and conspicuous if spoken at the same volume, tone, and speed as the words it modifies. If a disclaimer is required, the disclaimer must be spoken reasonably close to the information requiring the disclaimer. Required information, including required disclaimers, is not clear and conspicuous if a reasonable consumer would likely not notice the required information or would likely not connect the required disclaimer to the information that disclaimer qualifies. Examples of required language include the following:

All Advertisements

Additional Requirements for Direct Mail, Email, Text Message, and Targeted Social Media Advertisements

A targeted direct mail advertisement is one that is prompted by a specific occurrence. For example, sending a direct mail, email, or social media advertisement to someone the advertising lawyer knows has been arrested or the advertising lawyer knows that the person’s house is in foreclosure, that is a targeted direct mail advertisement. Paying to have a social media posting or advertisement put in the feed of a person who has self-identified as having specific characteristics that means that person has a specific legal problem. On the other hand, direct mail or email advertisements sent out generally, such as bulk mailers to a specific zip code, are non-targeted unless the advertising lawyer knows the recipients have a specific legal problem. For example, sending bulk mailers to handle property insurance claims to a zip code that was just hit by a hurricane would be considered targeted direct mail advertisements. Social media that is not targeted is considered a form of general advertising that does not have to comply with Rule 4-7.18(b).

Targeted direct mail, email, text message, and social media advertisements have additional requirements that do not apply to non-targeted direct mail advertisements. In a targeted direct mail or email advertisement, lawyers must disclose how they obtained the information prompting the advertisement. Rule 4-7.18(b)(2)(G). Finally, there can be nothing on the outside of a targeted direct mail advertisement that reveals the nature of the client’s legal problem. Rule 4-7.18(b)(2)(H).

Only if it is not a targeted direct mail advertisement. A targeted direct mail advertisement cannot reveal the nature of the prospective client’s legal problem on the outside pursuant Rule 4‑7.18(b)(2)(H) unless the advertisement is prompted by a specific occurrence with widespread impact, such as a hurricane or flood, and the lawyer neither knows nor has reason to know that the intended recipient was in fact affected by the specific occurrence. Based on prior decisions of the Standing Committee on Advertising, a targeted direct mail advertisement cannot be sent as a postcard, because required disclosures (that the person has a matter, how the information about the matter was obtained, and experience in the area of law being advertised) and other information on the postcard reveal the nature of the prospective client’s legal problem to anyone viewing the postcard. To comply with this rule, the postcard either must be placed in an envelope, or must be converted to a self-mailing, fold-over brochure in which all information disclosing the nature of the legal problem is on the inside of the mailer and the fold over is secured shut. If the postcard will be enclosed in an envelope, it must be prominently marked “advertisement” on the face of the envelope in a color that contrasts with both the background and other text used on the envelope in accordance with Rule 4‑7.18(b)(2)(B).

Florida’s lawyer advertising rules do not apply to advertisements aired or disseminated in a jurisdiction other than Florida if the Florida Bar member is admitted in the other jurisdiction, the advertisement complies with the appropriate rules of that jurisdiction, and the advertisement is not intended for use in Florida.

Out-of-state lawyers may only advertise to provide legal services in Florida when they are authorized by other law to provide those services in Florida, such as lawyers who are authorized by Federal law to practice before the Immigration & Naturalization Service, the U.S. Patent Office, the Internal Revenue Service, and the Social Security Administration anywhere in the United States. Out-of-state lawyers may not advertise to provide legal services in Florida for state matters, such as personal injury, probate, traffic, or criminal law. See Rule 10-2.1(c). An out-of-state lawyer’s expectation that the lawyer will be admitted pro hac vice in a particular matter does not authorize the out-of-state lawyer to advertise to provide legal services in Florida. Id. Out-of-state lawyers should consider contacting The Florida Bar’s Unlicensed Practice of Law Department at 850-561-5840 to inquire whether or not they are authorized to provide the advertised services.

Rule 4-7.18(b)(3) states that communications between lawyers are not subject to Rule 4‑7.18(b)(2), which sets forth specific requirements for direct mail, email, and social media advertisements. Additionally, communications to other lawyers do not have to be filed for review. Rule 4-7.20(d).

Newsletters sent by mail or email must comply with Rule 4-7.18(b). Newsletters must also be filed for review in accordance with Rule 4-7.19, unless they are mailed only to other lawyers, current clients, former clients, and people who have requested the newsletter. Rules 4-7.20(d) and (e). Any subsequent edition of a previously filed newsletter must be filed for review as a new advertisement if it includes any new information about the lawyer or law firm, unless it is information of the type described in Rule 4-7.16 (“Presumptively Valid Content”). However, if no new information about the lawyer or law firm is added to subsequent editions of a previously filed newsletter, or if the only new information about the lawyer or law firm appearing in subsequent editions is information covered by Rule 4-7.16(a), these subsequent editions need not be filed for review. See, Florida Advertising Opinion A-99-01.

Seminar announcements generally must comply with the lawyer advertising rules. Seminar announcements disseminated through the mail, email, or social media must comply with Rule 4‑7.18(b) governing written communications. Exceptions may be made, however, if the lawyer has no financial responsibility for the seminar and no control over seminar advertisements. For example, if a lawyer will appear as a guest speaker at a seminar sponsored and financed by someone else, the advertisement may be exempt from the regulations governing lawyer advertising. Whether and which rules apply must be decided on a case-by-case basis, according to the Standing Committee on Advertising.

Professional announcements appearing in the public print media must comply with the regulations governing other forms of print advertisement. Provided they contain no illustrations or information beyond that set forth in Rule 4-7.16, professional announcements appearing in the public print media are exempt from the filing requirement under Rule 4-7.20(a).

If the announcements are to be mailed, Rule 4-7.20(f) makes an exception from the filing requirement for “professional announcement cards stating new or changed associations, new offices, and similar changes relating to a lawyer or law firm and that are mailed only to other lawyers, relatives, close personal friends, and existing or former clients.” If the announcements are mailed or emailed to prospective clients, professional announcements must comply with the rules governing direct mail and email advertisements, Rule 4-7.18(b).

Yes. Rule 4-7.11(c) states that the lawyer advertising rules apply to communications made to referral sources.

No, if you are placing an advertisement on behalf of existing clients who are seeking a birth mother. This is because you are not seeking to represent the birth mother.

No, if you are truly only looking for witnesses on behalf of an existing client, and the witnesses are not also potential clients. If the witnesses are also potential clients and you want to be able to represent them (presuming no conflicts of interest exist), then the lawyer advertising rules apply as you are not solely seeking witnesses. You are also seeking potential clients.

Generally, Rules 4-7.11 through 4-7.17 govern the content of your website. However, your website does not have to be filed for review. Rule 4-7.20(g).

It depends. To the extent you are using your social networking pages solely for social purposes, to maintain social contact with family and close friends, they are not subject to the lawyer advertising rules. However, if you have social networking pages that you use to promote you or your law firm’s practice, then such pages are subject to the lawyer advertising rules, but the Standing Committee on Advertising has determined that such pages are not required to be filed for review. Paid spot advertising on social media, including “boosted” or “sponsored” posts must be filed for review unless their content is limited to the information in Rule 4-7.16. Some paid advertising on social media must comply with the requirements for direct electronic solicitations because they are targeted to specific consumers who meet specified criteria that indicate that they have a specific legal problem. You should review the Standing Committee on Advertising’s Guidelines for Social Networking Sites.

It depends. If you post videos on YouTube or other video sharing site that are used solely for purposes that are unrelated to the practice of law, those videos are not subject to the lawyer advertising rules. On the other hand, videos that are used to promote you or your law firm’s practice are subject to the lawyer advertising rules. The Standing Committee on Advertising has determined that such videos do not have to be filed for review. You should review the Standing Committee on Advertising’s Guidelines for Video Sharing Sites.

Yes, all advertisements must be filed for review at least 20 days before the advertisements are used unless your advertisement falls within one of the filing exemptions found in Rule 4-7.20. Rule 4-7.19(a).

A “Tombstone” advertisement is an advertisement in the public media that only contains the presumptively valid content found in Rule 4-7.16. Such advertisements do not have to be filed for review under Rule 4-7.20(a).

For lawyers and law firms, presumptively valid content includes the names of the lawyers, the firm name, contact information, social media contact information including social media icons or logos, areas of practice, bar memberships, former employment positions as a lawyer, jurisdictions in which the lawyer is admitted, other licenses the lawyer has, military service, foreign language ability, acceptance of credit cards, whether the lawyer belongs to any prepaid or group legal service plans and certain listed illustrations. You should review Rule 4-7.16(a) for the complete list.

For qualifying providers (lawyer referral services, matching services, group or pooled advertising programs, directories, and tips or leads generators), presumptively valid content includes its name, location, contact info, referral fee charge, hours of operating, how referrals are made, areas of law in which referrals or matches are offered, and the geographic area in which the lawyers practice. Qualifying providers should look to Rule 4-7.16(b) for the complete list.

No, unless they are sent only to other lawyers, family members, current clients or past clients, and persons who have asked to receive information from the advertising lawyer. Rule 4-7.20(d) and (e).

No. Websites are not required to be filed for review under Rule 4-7.20(g). However, if you have a concern about a certain portion of your website, Rule 4-7.19(d) allows you to file a specific page, provision, statement, illustration or photograph from your website for review. You must pay the filing fee and include all of the information required under Rule 4-7.19(h) to have a complete filing. You cannot file your entire website for review. Rule 4-7.19(d).

No. Under the Standing Committee on Advertising Guidelines for Social Networking Sites and the Guidelines for Video Sharing Sites the SCA has concluded that a lawyer does not have to file the lawyer or law firm’s own page on a social media site. However, you should keep in mind this is for Facebook, YouTube, LinkedIn and other similar pages/accounts for you or your law firm. If you post a banner or other advertisement on a social networking site or video sharing site or on a third party’s social networking page, that is an advertisement that is subject to filing under Rule 4-7.20. Paid spot advertising on social media, including “boosted” or “sponsored” posts must be filed for review under Rule 4-7.20 unless their content is limited to the information in Rule 4-7.16.

Rule 4-7.19(a) says you must file your advertisement at the Bar’s headquarters in Tallahassee. To file your advertisement, you need to send it to:

The Florida Bar, Ethics and Advertising Department
651 East Jefferson Street
Tallahassee, FL 32399-2300

Rule 4-7.19(h) sets out what you need to include:

• A copy of the advertisement. You need to send it in the form in which it will be used and that is readily capable of being duplicated by the Bar. For example, a video of a television commercial on a DVD or flash drive, an audio recording of a radio advertisement, a letter or brochure for a direct mail advertisement or a copy of a print advertisement.
• A transcript for an advertisement in electronic format, such as TV and radio.
• A printed copy of all text used in the advertisement, including both spoken and on-screen text. This can be done as part of the transcript for TV and radio advertisements.
• An accurate English translation if any part of an advertisement not in English.
• A sample envelope for advertisements that are to be mailed.
• A statement listing the media in which the advertisement will appear, the anticipated frequency of use of the advertisement and the anticipated time period that the advertisement will be used.
• The name of at least one lawyer responsible for the content of the advertisement.
• The filing fee. The filing fee is $150 for advertisements timely filed and $250 for advertisements that are not timely filed.

Yes, unless the advertisements are identical in content.

No. The review process cannot begin until the bar receives a check for the entire amount of the filing fee.

Bar staff has 15 days from the day we receive a complete filing to issue an opinion whether an advertisement complies with the rules. Rule 4-7.19(b). A complete filing means you have included all of the information required to be included under Rule 4-7.19(h). If your filing was not complete, we still must communicate with you within 15 days of your submission, but the communication will generally be to ask for the missing information or fee. Rule 4-7.19(b).

No. While we appreciate the importance of your advertisement to your business, due to the volume of advertisements submitted, staff cannot promise to have the review process completed sooner than the 15-day time period. We do try to complete the review process in a timely manner, and it does not always take the full 15 days. Please also note that advertisements must be filed at least 20 days before they are first used. Rule 4-7.19(a).

No, as long as the only revisions you made were to comply with staff’s notice of noncompliance. If you make any other change to the advertisement, the submission will be considered a new advertisement and you will have to pay the filing fee. Any change includes, but is not limited to, any change to wording, illustrations, photographs, typographical marks, layout, or color scheme.

Generally, the answer is no. If, however, you plan to use the same advertisement in a different medium, you must resubmit the advertisement if the change in medium requires analysis under different rules. For example, you would ordinarily need to resubmit an advertisement originally appearing in a newspaper if you later want to use the same advertisement in a direct mail campaign. The re-submission is required because direct mail advertisements have to comply with the additional requirements of Rule 4-7.18 while print advertisements do not have to comply with Rule 4-7.18.

Additionally, when the rules are amended by the Florida Supreme Court, changes in the rules may make a previously complying advertisement noncompliant or vice versa. Therefore, after a rule change you should consider whether the changes affect your advertisement and, if so, resubmit your advertisement. If you have made no changes to the advertisement, you need not submit a new filing fee. Rather, you can submit the advertisement under the original file number given it when it was filed the first time.

On March 28, 2014, the Board of Governors adopted a new policy interpreting Rule 4-7.19 regarding filing and review of lawyer advertisements. The policy went into effect July 1, 2014, and was subsequently amended on July 28, 2023. The policy is as follows:

The Board of Governors policy regarding review of lawyer advertisements is that any change of any kind to an advertisement renders the advertisement a new advertisement with a new filing fee of $150 per timely filed advertisement and $250 per untimely filed advertisement. The only exception is a revision to an existing advertisement that is solely to comply with a bar opinion that the advertisement does not comply with the lawyer advertising rules, for which no additional fee will be charged. Any change includes, but is not limited to, any change to wording, illustrations, photographs, typographical marks, layout, or color scheme.

Effective August 21, 2023, in consideration of the Court’s Opinion In Re: Amendments to the Rules Regulating The Florida Bar – Subchapter 4-7 Information About Legal Services, Case No. SC2022-1294 (Fla. 2023), the Board of Governors amends this policy to create an additional exception for direct mail and email advertisements revised solely to remove the disclaimer “If you have already retained a lawyer for this matter, please disregard this letter.” A direct mail or email advertisement revised solely to remove this disclaimer is not a new advertisement requiring a new filing fee.

Yes. To get a preliminary opinion on a radio, TV or other video advertisement, you can submit a transcript, including both all planned spoken and on-screen text, and a description of the visuals and/or background sounds. To get a preliminary opinion on another kind of advertisement, you can submit a draft of the advertisement. To get a preliminary opinion on any kind of advertisement, you also must submit the filing fee of $150 required by Rule 4-7.19(h)(8). Presuming you’ve sent everything needed under Rule 7-1.19(h), you will receive a preliminary opinion on your submission. However, you still must submit the final version of the advertisement for review at least 20 days before it is first used. Rule 4-7.19(a) and (c). Once you submit a final version of the advertisement for review, you will receive a final opinion. You do not have to pay the filing fee again if you have made no changes to the preliminary advertisement other than the changes necessary to comply with the opinion you receive.

No, such advertisements do not have to be filed under Rule 4-7.20(d).

No, such advertisements do not have to be filed under Rule 4-7.20(d).