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Florida Law Firm Websites Skip Bar Filing but Must Follow Ad Rules

Firm names, office cities, testimonials, stock photos and fee language all have rules on a Florida firm website. When a lawyer leaves, the name has to come off.

On this page
  1. Your Website Skips Filing but Still Counts as Advertising
  2. Details Your Website Has to Show
  3. Promises, Past Results and Bragging Rights
  4. Testimonials, Photos and Lawyers Who Leave
  5. Expert Titles, Certification and Fee Language
  6. How Bar Review Works for Websites

A Florida law firm website doesn't have to be filed with The Florida Bar for review. Every page still has to follow the lawyer advertising rules in Chapter 4, Subchapter 4-7 of the Rules Regulating The Florida Bar. The filing step goes away. The content rules stay on every page, from the home page to your newest associate's bio.

Clawson, Esq., the TygerLabs lawyer tiger, checking a printed law firm web page against an open rule book at his desk

Florida firms still need to watch what a website says, shows, and implies, even when no filing is required. This post is general information, not legal advice, so check the current rules or ask The Florida Bar's Ethics and Advertising department.

Your Website Skips Filing but Still Counts as Advertising

The Bar's Lawyer Advertising Filing Requirements page says: "Lawyer and law firm websites are exempt from the filing requirement, including pop-ups on the lawyer or law firm's own website."

That page says more, too. An exemption from filing and review under Rule 4-7.19 doesn't mean an exemption from the rest of Subchapter 4-7.

The Bar's Handbook on Lawyer Advertising and Solicitation makes the same point. It says Rules 4-7.11 through 4-7.17 generally govern the content of a firm's website, even though the website doesn't have to be filed for review.

Rule 4-7.11(a) names websites directly. Its comment says: "Websites are subject to the general lawyer advertising requirements in this subchapter and are treated the same as other advertising media."

The Bar's Quick Reference Checklist says a lawyer's own website, social media pages, and video sharing channels don't have to be filed. One exception applies. Filing is still required when posts or videos are sponsored, boosted, or promoted.

The checklist adds one more point. The website must follow the substantive advertising rules in Rules 4-7.12 through 4-7.17 and 4-7.21.

Details Your Website Has to Show

Rule 4-7.12(a) asks every advertisement to include the name of at least one lawyer or the law firm responsible for the content. The comment says the firm name is sufficient.

The ad also needs the city, town, or county of one or more bona fide office locations. That location must belong to the lawyer who will perform the advertised services.

Office pages need care. A website can't state or imply that a lawyer has offices where the lawyer has no bona fide office. If it's true, a page may say the lawyer is "available by appointment" in that place. City pages written for search are a good place to read this rule twice.

Placement counts too. Rule 4-7.12(d) says required information "must be clear and conspicuous", meaning presented so "a reasonable person should notice it." For readability more broadly, see these website accessibility fixes to make first.

Language matters as well. Under Rule 4-7.12(c), if more than one language is used, required statements must appear in each language.

Promises, Past Results and Bragging Rights

Rule 4-7.13(b)(1) calls an ad deceptive in one clear case. That happens when it has statements a prospective client "can reasonably interpret as a prediction or guaranty of success or specific results".

The comment gives an example of an impermissible prediction: "I will get you money for your injuries". It also lists words that may help avoid a violation. Those words are try, pursue, may, seek, might, could, and designed to.

Past results come with two conditions. Rule 4-7.13(b)(2) bars references to past results unless the information is objectively verifiable. The comment adds that a lawyer who advertises past results must have the affected client's informed consent. Case results pages deserve a close read on both counts.

Superlatives are out, too. The comment says the rule would stop a lawyer from saying the firm is "the best" or "one of the best" in a field of law.

Testimonials, Photos and Lawyers Who Leave

Rule 4-7.13(b)(9) sets tight limits on testimonials. A testimonial isn't allowed if any of these apply:

  • It isn't the person's actual experience.
  • It doesn't represent what the firm's clients generally experience.
  • The lawyer wrote or drafted it.
  • Someone gave it in exchange for something of value.
  • There's no disclaimer that "the prospective client may not obtain the same or similar results".

Google's test of who wrote a page, how and why looks at authorship from another side.

Stock photos deserve a look. Under Rule 4-7.13(b)(5), an image needs a clear and conspicuous disclaimer when it gives the wrong impression that the person shown is the lawyer or a firm employee.

Turnover matters too. The comment to Rule 4-7.13 says that when a lawyer leaves a law firm, the firm "must remove the lawyer's name from the firm's letterhead, website, advertisements, and other communications about the law firm."

Team pages, bios, and footer lists are worth a check after any departure.

Expert Titles, Certification and Fee Language

Rule 4-7.14(a)(5) says a lawyer may not present themselves as "a specialist or an expert" unless one of two things is true. The lawyer is certified under the Florida Certification Plan or an ABA or Florida Bar accredited plan. Or the lawyer can objectively verify it based on education, training, experience, or substantial involvement in that area.

Separately, the checklist says a law firm can't say it's certified.

Fee language has its own rule. Under Rule 4-7.14(a)(7), fee information, including no fee without a recovery, must disclose "all fees and expenses for which the client might be liable". An advertised fee must be honored for at least 90 days unless the ad names a shorter period.

How Bar Review Works for Websites

You can't send the Bar a whole website. Rule 4-7.19(d) says a lawyer may not file an entire website for review. A lawyer may, however, ask for an advisory opinion on "a specific page, provision, statement, illustration, or photograph on a website." The checklist says a specific part of a website may be filed for voluntary review with a filing fee of $250.

Rule 4-7.19(f)(5) deserves a slow read. It says a lawyer can be disciplined for website portions not in compliance with Rules 4-7.14 and 4-7.15 only after 15 days have passed. The 15 days start on the date of the Bar's notice of noncompliance. The text names those two rules, so read the 15 days as tied to them.

A website skips the filing line, and every word on it still answers to the advertising rules.

When your firm wants a website that's clear and easy to review, our team can help: see our law firm websites page.

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