As of New Year’s Day, radio and television commercials aired by attorneys in Florida must be approved by the Florida Bar Association at least 15 days prior to broadcast. The new requirement, set by the Florida Supreme Court, was the most significant change adopted late last year affecting rules governing advertising by attorneys. That amendment, as well as others, was recommended to the Court by the Florida Bar Board of Governors.

Previously ads could be filed with the Bar on the same day they aired. Along with the longer lead time for approval, the fee to have ads reviewed by the Florida Bar has increased to $150.

As for ad content, there were few substantial changes to existing standards, though out-of-state attorneys who wish to advertise in Florida must now comply with the Florida Bar’s regulations and review process. There was even a minor lessening of one Bar mandate. The well-known disclosure statement, “the hiring of a lawyer is an important decision that should not be based solely upon advertisements” is no longer necessary for print ads. However the verbiage must still be included in radio and televisions spots.

Attorney advertisements are still prohibited from containing information that could create unjustified expectations regarding the likelihood of positive outcomes, or the quality of a lawyer’s services. Television ads must not contain visual elements that are deceptive, confusing, or manipulative and may not use background noise other than instrumental music. According to the Bar, these rules are intended to promote attorney advertisements that inform the public regarding legal services by providing only useful, factual information, presented in a restrained and non-sensational manner that will not create unwarranted expectations or diminish public confidence in the legal system.

Meanwhile, the Court deferred ruling on the issue of attorney website advertising, ordering further study of the topic. In their comments, several Court justices favored an in-depth review to take a broader view of attorney marketing, including the Internet and phone directories.

For complete information on attorney advertising regulations, visit www.floridabar.org. This site includes a lawyer advertising handbook as well as examples of complying and non-complying advertisements and the procedures for Bar review.

To read the complete Florida Supreme Court decision “In Re: Amendments to the Rules Regulating the Florida Bar – Advertising #05-2194” visit www.floridasupremecourt.org