6 novembre, 2006 18:02

Attorneys Planning Fla. Broadcast Ads Will Need State Bar's Pre-Approval

Jordana Mishory

Daily Business Review

11-06-2006

Thinking of airing a television or radio ad to generate legal clientele? Lawyers will have to clear it with The Florida Bar -- 15 days before it hits the airwaves.

This is just one of the new rules regulating attorney advertising that the Florida Supreme Court adopted Thursday based on Bar recommendations.

According to the new rules, a lawyer may not air a TV or radio ad without Bar approval. If the lawyer doesn't receive a rejection or comment by the Bar within 15 days of its receipt of the ad, the lawyer may presume it is deemed appropriate.

The provision is distinct from those governing other types of ads, in which the Bar's approval can occur simultaneously with the release of the advertisement.

In print and radio and TV ads, a lawyer can voluntarily send a script or description of visuals prior to their creation to ensure compliance with the rules.

The rules state that the laws governing broadcast ads are more stringent than those regarding print media because of the sheer number of viewers ads can reach. In addition, the rules cite the inability of the Bar to monitor the airwaves and the fact that the viewer is the passive party in getting this information.

What is and isn't permissible became an issue in recent years after a Fort Lauderdale personal injury firm started using the image of a pit bull in commercials. The firm's two attorneys, John Robert Pape and Marc Andrew Chandler, were publicly reprimanded in April.

In addition, all out-of-state lawyers who wish to advertise in Florida must be subjected to the same rules that govern Florida's lawyers.

Lawyers also are no longer required to include a disclosure statement in the public print media saying that "the hiring of a lawyer is an important decision that should not be based solely upon advertisements."

The state Supreme Court's rules governing lawyer advertisements are considered some of the toughest in the country. The high court adopted almost all of the Bar's recommendations.

The justices requested further information from the Bar as to why communications between lawyers and communications with current and former clients should be exempted from the advertising rules.

The Bar submitted its petition to the Florida Supreme Court in December 2005.