Board acts on advertising review
The Board of Governors has concluded that most “Better off with Boohoff” television advertisements that a Tampa law firm submitted for review are permissible under Bar rules.
At a May 21 “hybrid” meeting that was live streamed from Duck Key, the board voted unanimously to approve a Board Review Committee on Professional Ethics recommendation regarding five TV ads that the personal injury firm Boohoff Law submitted in December 2020.
“The filer argues that the statement is a play on words that is a slogan designed to raise name recognition and highlight the firm’s contribution to the community,” said Board Review Committee Chair Michael Orr. “Reasonable viewers will recognize that ‘Better off with Boohoff’ is a catchy slogan and not a comparison.”
The Board Review Committee determined that the slogan, as used in four of the advertisements, merely implies that a consumer would fare better with Boohoff representation than not being represented by a lawyer.
However, the Board Review Committee determined that a fifth ad is an impermissible comparison with other firms because it features a client testimonial that states:
“If anybody that I know were to be involved in an accident, Boohoff Law would definitely be my first choice. Better off with Boohoff.”
Bar staff initially determined that the slogan is impermissible because it is a comparison with other lawyers’ services that is only permissible if it can be “objectively verifiable” under Rule 4-7.13(b)(3), and that it is also impermissible under Rule 4-7.13(b)(1) because “a reasonable consumer could interpret it as a prediction of success.”
After the firm asked for a review, the Standing Committee on Advertisement voted 8-3 on April 7 to uphold the staff finding that the slogan is an impermissible comparison to other lawyers’ services under Rule 4-7.13(b)(3).
But the Standing Committee on Advertising voted 9-2 to overturn the staff opinion regarding Rule 4-7.13(b)(1), and found instead that a reasonable viewer could not interpret the slogan as a predictor of success.
After the firm requested a Board of Governors review, the Board Review Committee on Professional Ethics voted 11-0 to overturn the Standing Committee on Advertising on four of the four ads.
