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Florida Bar asks Florida Supreme Court to amend rules governing lawyers' websites to permit testimonials, past results, and characterizations of quality (if accompanied by disclaimer)

    On February 26, 2008, the Florida Bar filed a petition asking the Florida Supreme Court to approve changes to current Rule 4-7.6, Florida Rules of Professional Conduct, which governs lawyer and law firm websites.  One of the more significant changes proposed would permit the interior pages of lawyers' websites to include truthful testimonials, past results obtained by the lawyers, and statements characterizing the quality of the lawyers' services – provided that these statements are factually verifiable and accompanied by appropriate disclaimers.

Proposed changes to current Rule 4-7.6 include:

  • Homepages of lawyers' websites would be subject to the requirements of Rule 4-7.2 (the general lawyer advertising rule);
  • A lawyer's website would not be required to disclose all jurisdictions in which the lawyer is licensed to practice;
  • Interior pages of lawyers' websites would be subject to Rule 4-7.2, except that lawyers could include truthful and factually verifiable information testimonials, information about past results obtained, and descriptions or characterizations of the quality of the lawyers' services, provided that these items are accompanied by appropriate disclaimers;
  • Email messages to prospective clients would continue to be governed by Rule 4-7.4 and would have to contain a subject line that begins with the words "LEGAL ADVERTISEMENT;"
  • If not addressed by other portions of Rule 4-7.6, all unsolicited computer-accessed communications concerning lawyers or their services (e.g., banner ads, pop-up ads) would be subject to Rule 4-7.2; and
  • Lawyers' websites would not be required to be filed with the Bar for review.

    To view the Bar's petition, the complete text of the proposed changes, and other accompanying materials please visit the "Rules Update" page of the Bar's website.

    Interested Florida Bar members may file comments regarding the proposals with the Florida Supreme Court within 30 days of February 26, 2008.

 

 

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