Walking the advertising tightrope: a delicate balance.

• Author: Johnson, Kelly Overstreet
• Position: President's Page

Advertising.

Toss that word into a gathering of lawyers and you'll probably generate some verbal fireworks--not unlike mentioning religion or politics in nonlegal, social gatherings. The opinions will range from those who favor a complete ban on lawyer ads to those who advocate a wide-open market with no regulations. Your Florida Bar is in the middle.

Boiled down, the Bar's position is this: The Bar's own research conducted more than a decade ago showed that exploitative and overreaching lawyer ads not only harmed the public perception of the legal profession, they undermined confidence in the judicial system. But at the same time, the U.S. Supreme Court has said at least some forms of lawyer advertising are protected by the First Amendment as commercial free speech. The Bar's approach, which was upheld by the Supreme Court almost a decade ago, has been to restrict or ban information that is misleading, false, or which could lead a client to make a decision based on an emotional appeal. The rules encourage the efficient presentation of basic, important information to help potential clients when they need legal assistance.

It is a lot easier to state the premises than to work out all of the details. Indeed, your Board of Governors has spent hours debating the nuances of ads that have been appealed following a denial by staff and the Standing Committee on Advertising. And more often than not since the advertising rules were first adopted in 1991, a special committee or task force has been engaged in reviewing them and suggesting improvements.

As you read this, the Advertising Task Force 2004, chaired by Manny Morales of Miami, is working on its report to the Board of Governors and looking for input from lawyers and the public. Its preliminary report and recommendations can be found at www.flabar.org. Further input is still being sought; comments can be directed in writing to Ethics Counsel Elizabeth Tarbert, The Florida Bar, 651 E. Jefferson St., Tallahassee 32399-2300 or eto@flabar.org. Also, you can request to be heard at the Bar's Midyear Meeting in January in Miami. The task force's recommendations are aimed at improving the advertising regulations and making it easier for Bar members to follow the rules. The special Statewide Grievance Committee is also becoming more proactive in enforcing the existing advertising rules.

Both groups are likely to have a significant impact on advertising practices.

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