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sunEthics |
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Florida Supreme Court dramatically changes rules governing lawyers' websites. [Added 11/20/09] In an opinion issued in response to the Florida Bar's motion for rehearing, the Florida Supreme Court amended the rules governing lawyer and law firm websites. Formerly websites were considered "information upon request" and therefore were exempt from the lawyer advertising rules. The new amendments dramatically change the regulation of lawyers' websites in Florida. Consistent with views expressed by members of the Court at oral argument and in the Court's prior opinion, the Court amended Rule 4-7.6 ("Computer-Accessed Communications) in several respects. The most significant change was to make lawyer websites subject to all of the substantive lawyer advertising rules, with one exception (websites will not be required to be filed with the Bar for review). The Court explained: "[T]he purpose of rule 4-7.6 is to protect consumers from misleading information, provide consumers with accurate and helpful information in the selection of a lawyer, and respect lawyers’ abilities to provide information about themselves to the public. In light of this purpose, the Court intends that websites be subject to all of the substantive advertising regulations applicable to other advertising media (except the filing requirement)." (Footnote omitted.) The Court's action means that lawyer and law firm websites may no longer include any references to past results or successes, testimonials, or statements characterizing the quality of the lawyer's services. See Rule 4-7.2. Websites must still "disclose all jurisdictions in which the lawyer or members of the law firm are licensed to practice law." The rule, however, does not mandate where on the website this disclosure must appear; thus, it may appear on the home page or on an interior page or pages. The Court also amended portions of Rule 4-7.6 concerning direct email communications to prospective clients and Internet advertisements. Regarding email communications to prospective clients, the rule as amended "would clarify that email communications are subject to the rules that regulate advertisements by traditional mail." Among other things, email communications must now: (1) include a statement of the advertising lawyers' qualifications ("background, training and experience"): (2) inform the recipient if a lawyer other than the advertising lawyer will actually handle the matter; and (3) begin the subject line with the words "LEGAL ADVERTISEMENT." The final amendment clarifies that "[a]ll unsolicited computer-accessed communications concerning a lawyer's or law firm's services not addressed by other provisions of [Rule 4-7.6] are subject to the requirements of rule 4-7.2" (the general advertising rule). The amendments originally were to become effective on January 1, 2010. In re: Amendments to the Rules Regulating The Florida Bar -- Rule 4-7.6, Computer Accessed Communications), __ So.3d ___, 34 Fla.L.Weekly S627 (Fla., No. SC08-1181, 11/29/2009) (revised opinion on rehearing), 2009 WL 3853150. NOTE: In an order in response to the Florida Bar's request, the Court decided that the amendments to Rule 4-7.6 would be effective July 1, 2010. |
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