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His law firm joins Public Citizen to fight The Florida Bar over TV-print campaign

By Jim Schoettler, The Times-Union

Attorney Bill Harrell doesn't plan to settle for less than he thinks he deserves when it comes to using an advertisement recently prohibited by The Florida Bar, which approved its ubiquitous slogan five years ago.

His Jacksonville law firm, Harrell & Harrell, and the nonprofit national consumer rights group Public Citizen, sued the Bar on Monday, claiming some of its restrictions on lawyer advertising are unfair and violate the firm's freedom of speech.

At issue is the slogan "Don't settle for less than you deserve," which the Bar said improperly characterizes the quality of services Harrell & Harrell offered, according to the lawsuit filed in Jacksonville.

The slogan was approved by the Bar in 2002 as a compromise after Harrell scrapped "Don't settle for anything less" to avoid violating rules that ban one lawyer from claiming to be better than another lawyer. The rules are intended to prevent false or deceptive advertising.

Harrell said the phrase used in his extensive television and phone book advertising has created a well-known brand that brought him many clients. His firm is one of the largest personal injury practices in Northeast Florida.

He began developing a new television and Internet advertising campaign last year that he said included some minor design changes. He said he submitted the ads, with the existing phrase, to the Bar for its approval as required. It was rejected three times last fall under the same type of ruling he faced in 2002.

Harrell said he began using the new ads, still confused about whether old ads could also be found in violation of the Bar's rules. In the suit, he and Public Citizen ask that the rules be declared unconstitutional and that he be allowed to continue the advertising campaign.

Harrell said he supports rules meant to regulate improper advertising but has no idea why his was rejected after being approved previously. The Bar has threatened him with disciplinary action, which could include a possible reprimand, if the ads are not revised.

"Before people should be able to tell you what you can and cannot say, there should be a reason for it and the reason should be clear," Harrell said Tuesday. "None of that has occurred here."

As for losing the brand, he added: "One doesn't want to spend years developing a message and then just summarily abandon it. It's like if suddenly Coca Cola couldn't say it's 'The Real Thing.' "

Elizabeth Tarbert, ethics counsel for the Bar, declined to comment on the suit because the organization had just received it. Tarbet said the rule under which Harrell's phrase was rejected was designed to prevent subjective statements that can't be factually substantiated.

"The example I like to give is that you can't say that you offer high quality legal services or that you're great or the best lawyer," Tarbert said.

Greg Beck, an attorney with Public Citizen, said the rules prevent lawyers from giving consumers factual information about what their firms offer. Beck said Public Citizen successfully fought a similar suit against the New York Bar last year. The group filed the suit on Harrell's behalf after he informed them of his dilemma.

"We're interested in protecting consumers," Beck said. "The problem comes when results are used ... to prohibit things that are considered to be not relevant to the selection of counsel."

Eddie Farah, another Jacksonville lawyer who also advertises heavily, said that the Bar should give consumers more credit for being able to make decisions on which lawyer they hire. He said people can do further research or meet with them in person rather just rely on commercials, billboards or phone book advertising.

"The ad may prompt them to call, but that's only one link in the chain," Farah said. "I think they [the Bar] need to loosen up a little bit."

Times-Union writer Paul Pinkham contributed to this report. (904) 359-4385