Florida Law Firm Marketing Compliance Tips

Staying ahead of the curve in legal marketing requires not only creativity but also a firm grasp of the relevant regulations. This article provides a comprehensive overview of key compliance considerations for Florida law firms, ensuring your marketing efforts resonate with potential clients while adhering to the Florida Bar’s advertising rules.

To ensure your marketing efforts resonate across all channels, we’ll explore key law firm marketing compliance tips and considerations for various advertising platforms, including:

• Direct Mail
• Email, Text Messages, and Targeted Social Media
• Print, Internet, Sponsored Social Media (Not Targeted), TV & Radio
• Lawyer or Law Firm Websites, Social Media Pages, and Video Sharing Channels

Overview of Florida Bar Advertising Regulations: A Breakdown by Platform and Targeting

The Florida Bar enforces strict guidelines outlined in Subchapter 4-7 of the Rules Regulating the Florida Bar. These regulations aim to ensure all advertising is truthful, informative, and avoids misleading potential clients. Therefore, you will want to review them before submitting your advertising copy to the Florida Bar for filing and review.

What Needs Review? A Breakdown by Platform

The rules differentiate between advertising materials that require pre-filing review by the Florida Bar and those that don’t. Here’s a quick breakdown:

• Pre-filing Review Required: Print (billboard, brochures, flyers) Internet (banner ads, pop-ups), Email, Text Messages, Targeted Social Media, Sponsored Social Media (Not Targeted), TV & Radio Ads must be submitted for review before you can distribute them. Exceptions include “tombstone” advertising.
• Pre-filing Review NOT Required: A lawyer’s own website, social media pages, and video sharing channels are not required to be filed with The Florida Bar for review. However, the content MUST still comply with the same regulations. Note: If the posts or videos are sponsored, “boosted,” or promoted then they must be filed for review.

Targeted vs. Non-Targeted Advertising

The Florida Bar differentiates between targeted and non-targeted advertising, and understanding this distinction is crucial for compliant marketing.

Direct Solicitation and The Florida Bar’s Rules

Direct solicitation of potential clients is strictly regulated by The Florida Bar to ensure fairness and protect consumers. The Florida Bar prohibits lawyers from directly contacting potential clients in real-time for pecuniary gain unless they have a pre-existing relationship. This includes:

• In-Person Contact: Lawyers cannot approach potential clients on the street, at events, or through agents with the primary goal of acquiring business. Examples include cold calls, business cards handed out to passersby, and advertisements on pharmacy bags or claim checks.
• Real-Time Electronic Communication: Direct messages, comments, tags, video conferences, or posts aimed at soliciting new clients are similarly prohibited. Participating in chat rooms with this intention also falls under this category.

Exceptions: Existing relationships with family members, current clients, former clients, and other professionals allow for direct contact.

Important Distinction: Unsolicited direct mail, email, and written communication are permitted, provided they comply with Rule 4-7.18(b).

Complying with the Florida Bar’s Law Firm Advertising Regulations

To ensure your message reaches potential clients while staying compliant, Florida Bar advertising rules establish specific requirements for all forms of communication, from traditional print materials to website content and targeted campaigns. Let’s break down these requirements.

Essential Compliance Requirements for All Advertising

All forms of lawyer advertising, including advertisements that are exempt from the filing requirement (discussed further below), must adhere to specific disclosure requirements established by The Florida Bar. This applies even if the ad doesn’t need pre-filing review.

• Name: The advertisement must prominently display the name of at least one lawyer, law firm, or qualifying provider responsible for the content (e.g., lawyer referral service, directory).
• Location of Practice: You must also disclose the city, town, or county of one or more bona fide office locations where the advertised services will be performed. This information should be reasonably prominent as well.
• Referrals to Another Lawyer: If the advertising lawyer intends to refer cases arising from the ad to another lawyer or firm, a clear and prominent disclaimer stating this is mandatory.
• Languages: All required information in the advertisement must appear in the same language used in the advertisement itself. If multiple languages are used, the required information needs to be presented in each language.

Avoiding Ethical Lapses: Prohibited Practices in Florida Bar Advertising

Here’s a breakdown of some key elements to avoid in your Florida Bar-compliant advertising:

• Guaranteeing Results: Don’t make claims like “We win every case” or “Guaranteed success.” You cannot guarantee specific outcomes for clients.
• Fake Testimonials: Actors portraying satisfied clients are strictly prohibited. Testimonials must be from actual clients who can speak to their genuine experiences.
• Biased Testimonials: Testimonials cannot come from someone who doesn’t have experience with your legal services, like a friend or neighbor.
• Lawyer-Authored Testimonials: You cannot write or edit testimonials for clients. Their words must be authentic.
• Unrealistic Expectations: If testimonials mention past results, a disclaimer is required, stating that potential clients may not achieve similar outcomes.
• Board Certification: Lawyer advertisements cannot claim or imply a lawyer is “certified” or “board certified” in an area of law unless the lawyer is truly Board Certified in that practice area. Lawyers certified by The Florida Bar must specifically identify The Florida Bar as the certifying organization.
  • Incomplete Information: If you’re board-certified, clearly state the certifying entity (e.g., Florida Bar Board Certified) and your specific area of certification (e.g., Civil Trial or Marital and Family Law).
  • False Claims: Don’t claim board certification if you aren’t, or if the certifying entity isn’t recognized by The Florida Bar.

In reference to actors and dramatizations: If your site includes actors or a dramatization of an event (regardless if it actually happened), you need a disclaimer. In the event of the former, the disclaimer could be, “ACTOR. NOT ACTUAL LAWYER.” If the former, the disclaimer could state, “DRAMATIZATION. NOT AN ACTUAL EVENT.”

Cyberlicious® Tips: Simple Steps for Big Impact

Complying with the Florida Bar advertising rules is essential, but clarity and transparency are key for creating truly effective legal advertisements. This section provides a few easy-to-follow tips from the Cyberlicious® experts to help you navigate law firm marketing compliance regulations and create ads that are both compliant and impactful.

• Focus on Expertise not Emotional Appeal: Showcase your qualifications and legal experience in a factual and objective manner. Steer clear of emotional appeals that might create unrealistic expectations.
• Verifiable Claims: When discussing past results, ensure every detail is objectively verifiable and avoids omitting any crucial information.
• Transparency is Key: All the necessary disclosures or other mentions made in the ad should meet three standards:
  • Legibility — The information should be clear enough to read.
  • Prominence — The information should be reasonably prominent.
  • Same language — Key information should always be stated in the same language as the rest of the ad.

Considerations for Specific Advertising Methods

Not all advertising is equal, and the Florida Bar recognizes that certain situations require more transparency. So, let’s get into some additional requirements for specific advertising methods to ensure your message reaches the right audience while staying compliant.

Unsolicited Email and Mail

For unsolicited direct mail and email advertisements, Florida Bar regulations require clear additional requirements:

• Clear Labeling: The word “Advertisement” must be clearly displayed:
  • On the outside of direct mail pieces and any enclosures.
  • In the email subject line (as the first word) or at the beginning of targeted social media messages.
• Transparency Regarding Representation: If a lawyer not listed in the ad will handle the case, this must be disclosed in all unsolicited direct mail, email, and targeted social media communications.

Targeted Advertisements

Taking a targeted approach to advertising requires additional considerations:

• Source Disclosure: Targeted communications (direct mail, email, text, or social media) must explain how the lawyer obtained information about the recipient’s potential legal issue.
• Prior Representation Check: The communication must begin with the sentence “If you have already retained a lawyer for this matter, please disregard this letter.”
• Privacy on the Outside: The exterior of a targeted direct mail advertisement cannot reveal the nature of the recipient’s potential legal problem.

Websites

Websites offer a valuable platform for Florida attorneys to showcase their expertise, introduce their team, and provide informative content to potential clients. Most importantly, websites don’t require pre-filing with The Florida Bar. However, ensuring your website content is clear, accurate, and not misleading is still a necessity.

Note: While not mandatory, The Florida Bar does offer the option to voluntarily submit a specific webpage for review for an additional filing fee.

Social Media

The Florida Bar recognizes the importance of social media in today’s marketing landscape. However, the advertising rules are designed to ensure responsible communication.

• Personal vs. Professional: The Florida Bar’s advertising rules generally don’t apply to personal social media pages used for social purposes (connecting with family and friends). However, social media pages used to promote your legal practice are subject to the advertising rules outlined by the Florida Bar and must still be followed.

Navigating the term “Objectively Verifiable”

The concept of “objectively verifiable” information within advertising regulations can be a bit ambiguous. While the rules themselves don’t provide a specific definition, it’s best practice to avoid claims about past results that could be misconstrued as guarantees of future success for potential clients. Focusing on clear and verifiable information builds trust and ensures your advertising remains compliant.

Exemptions to Filing Requirement: Understanding Tombstone Ads

The Florida Bar’s pre-filing requirement ensures all direct communication with potential clients is reviewed before publication. However, there’s an exception for certain public medium advertisements known as “tombstone ads.”

What are Tombstone Ads?

Tombstone ads provide a way to showcase essential details about your law firm, such as contact information and areas of practice. Basically, the information included is so straightforward and verifiable that it’s considered unlikely to mislead potential clients. Remeber, all direct mail and direct email text messages, anything that is direct from a lawyer to a consumer that has to be filed for review. No exceptions.

What Can Tombstone Ads Include?

Overall, tombstone ads offer a streamlined way to advertise your legal services without prior review. That is, as long as they strictly adhere to the information listed in Rules 4-7.20 and 4-7.16. Here is what you can include:

• Contact Information: Your name, firm name (if applicable), firm lawyers (if applicable), office locations, parking details, phone numbers, website address, email address, office hours, and designations like “attorney” or “law firm.”
• Qualifications: Date of admission to The Florida Bar and other bars, current or past memberships/positions in The Florida Bar sections, committees, or other state bars, past legal positions and years of experience, number of lawyers in the firm, and federal courts/jurisdictions you’re licensed in.
• Credentials: Technical/professional licenses, educational degrees with dates/institutions, and military service details.
• Additional Information: Languages spoken, practice areas (including certification logos if applicable), participation in legal service plans, accepted credit cards, and fee information (including initial consultation fees).
• Basic Courtesies: Common salutations like “best wishes”, “happy holidays”, or “proudly serving…”.
• Simple Design Elements: Punctuation marks, typographical marks, an illustration of the scales of justice (without resembling official logos), a gavel, traditional renditions of Lady Justice, the Statue of Liberty, American/Florida flags, an unadorned set of law books, courthouse images (exterior/interior), columns, diplomas, or a plain background photo of yourself or firm lawyers.

Important Note: Even if exempt from pre-filing, tombstone ads MUST still comply with all other Florida Bar advertising rules.

Additional Marketing Compliance Resources

DOWNLOADABLES: Last updated on August 16, 2023 these resources include the most recent amendments to the lawyer advertising rules.

• Handbook on Lawyer Advertising and Solicitation
• Quick Reference Checklist – Direct Mail
• Quick Reference Checklist – Email, Text Messages, and Targeted Social Media
• Quick Reference Checklist – Print, Internet, Sponsored Social Media (Not Targeted), T.V., & Radio
• Quick Reference Checklist – Lawyer or Law Firm Websites, Social Media Pages, and Video Sharing Channels

Use these to quickly reference general information on attorney advertising including how to file your ads with the Florida Bar, Up-to-date rules regarding your advertising, and sample ads.

Marketing You Can Trust

It can be difficult for attorneys to select marketing agencies because they need to know they can trust the organization to ensure credibility and compliance. At Cyberlicious®, we know how important integrity is to our legal clients. This is why it is imperative we stay up to date with the rules and regulations the Florida Bar enforces on its associated members to ensure moral and ethical conduct. We update our law firm marketing compliance tips regularly to ensure we are up to date with recent changes.

In a review of us, Lakeland attorney Art Fulmer wrote, “I can rely on them to be honest and straightforward, which is absolutely necessary in my work.” See our law firm marketing approach.

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