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Brian Tannebaum Tannebaum Weiss, P.L.

The New Florida Bar Lawyer Advertising Rules

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The Florida Bar adopted new attorney advertising rules in 2013. The rules apply to websites and social networking and video sharing sites in addition to traditional media such as print, television and radio. Florida lawyer, Brian Tannebaum, discusses what this all means for lawyers and law firms in the Sunshine State.

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Page 1: The New Florida Bar Lawyer Advertising Rules

Brian Tannebaum Tannebaum Weiss, P.L.

Page 2: The New Florida Bar Lawyer Advertising Rules

} Purpose: } preventing the dissemination of misleading and unduly manipulative information

Page 3: The New Florida Bar Lawyer Advertising Rules

The proposals are designed to make the advertising rules

more cohesive, easier for lawyers who advertise to

understand, and less cumbersome for the Bar to

apply and enforce. 

Page 4: The New Florida Bar Lawyer Advertising Rules

“unduly manipulative” “objectively verifiable”

“potentially misleading” “unduly manipulative or

intrusive”

Page 5: The New Florida Bar Lawyer Advertising Rules
Page 6: The New Florida Bar Lawyer Advertising Rules

A result that omits pertinent information, such as failing to disclose that a specific judgment was uncontested or obtained by default, or failing to disclose that the judgment is far short of the client's actual damages.

Page 7: The New Florida Bar Lawyer Advertising Rules
Page 8: The New Florida Bar Lawyer Advertising Rules

} it implies the existence of a material nonexistent fact

} statement in an advertisement that a lawyer is a founding member of a legal organization when the lawyer has just begun practicing law.

Page 9: The New Florida Bar Lawyer Advertising Rules

} aggressive } intelligent } creative } honest } trustworthy

Page 10: The New Florida Bar Lawyer Advertising Rules

goal dedicated mission philosophy

Page 11: The New Florida Bar Lawyer Advertising Rules

} “the best” } “second to none” } “the finest”

Page 12: The New Florida Bar Lawyer Advertising Rules

}  Past successes can now be advertised unless they are: atypical of persons under similar circumstances.

}  Testimonials are allowed “as long as they

are truthful and are based on the actual experience of the person giving the testimonial, are beneficial to prospective clients and are permissible.

Page 13: The New Florida Bar Lawyer Advertising Rules

} File the ad (unless exempt) } 20 days prior to publication } Silence after 15 days – publish! } Submit prior to completion – no additional fee upon completion

Page 14: The New Florida Bar Lawyer Advertising Rules

} Binding, unless… } Advertisement contains a misrepresentation that is not apparent from the face of the advertisement.

} Bar changes their mind.