Rule Text (verbatim from The Florida Bar)
A lawyer may not engage in unduly manipulative or intrusive
advertisements. An advertisement is unduly manipulative if it:
(a) uses an image, sound, video or dramatization in a manner
that is designed to solicit legal employment by appealing to a
prospective client’s emotions rather than to a rational evaluation of
a lawyer’s suitability to represent the prospective client;
(b) uses an authority figure such as a judge or law
enforcement officer, or an actor portraying an authority figure, to
endorse or recommend the lawyer or act as a spokesperson for the
lawyer;
(c) contains the voice or image of a celebrity, except that a
lawyer may use the:
(1) the voice or image of a local announcer, disc jockey
or radio personality who regularly records advertisements so long as
the person recording the announcement does not endorse or offer a
testimonial on behalf of the advertising lawyer or law firm, or
(2) testimonial of a celebrity who is a current or former
client is the testimonial complies with the requirements of this
subchapter; or
(d) offers consumers an economic incentive to employ the
lawyer or review the lawyer’s advertising; provided that this rule
does not prohibit a lawyer from offering a discounted fee or special
fee or cost structure as otherwise permitted by these rules and does
not prohibit the lawyer from offering free legal advice or information
that might indirectly benefit a consumer economically.
Educational reference. This page summarizes a Florida Rule of Professional Conduct for educational purposes. The rule text and Comment are mirrored from the Florida Bar's official publication and are public domain. The plain-English summary and any commentary are the opinion of Phillips, Hunt & Walker and are general information only — not legal advice. Reading this page does not create an attorney-client relationship. If you believe a Florida lawyer has violated this rule, you can file a complaint with The Florida Bar at floridabar.org. Past results do not guarantee a similar outcome.
What this rule means in plain English
Florida lawyer advertisements cannot be unduly manipulative or unduly intrusive. The rule covers the line between ordinary marketing and pressure tactics — pop-ups that take over a phone screen, automated calls timed to recent news events, ads that exploit grief at vulnerable moments. The rule pushes back on those tactics while leaving normal lawyer marketing in place.
Comment (verbatim from The Florida Bar)
Unduly manipulative sounds and images
Illustrations that are informational and not misleading are
permissible. As examples, a graphic rendering of the scales of
justice to indicate that the advertising lawyer practices law, a
picture of the lawyer, or a map of the office location are permissible
illustrations.
An illustration that provides specific information that is
directly related to a particular type of legal claim is permissible. For
example, a photograph of an actual medication to illustrate that the
medication has been linked to adverse side effects is permissible.
An x-ray of a lung that has been damaged by asbestos would also
be permissible. A picture or video that illustrates the nature of a
particular claim or practice, such as a person on crutches or in jail,
is permissible.
An illustration or photograph of a car that has been in an
accident would be permissible to indicate that the lawyer handles
car accident cases. Similarly, an illustration or photograph of a
construction site would be permissible to show either that the
lawyer handles construction law matters or workers’ compensation
matters. An illustration or photograph of a house with a foreclosure
sale sign is permissible to indicate that the lawyer handles
foreclosure matters. An illustration or photograph of a person with
a stack of bills to indicate that the lawyer handles bankruptcy is
also permissible. An illustration or photograph of a person being
arrested, a person in jail, or an accurate rendering of a traffic stop
also is permissible. An illustration, photograph, or portrayal of a
bulldozer to indicate that the lawyer handles eminent domain
matters is permissible. Illustrations, photographs, or scenes of
doctors examining x-rays are permissible to show that a lawyer
handles medical malpractice or medical products liability cases. An
image, dramatization, or sound of a car accident actually occurring
would also be permissible, as long as it is not unduly manipulative.
Although some illustrations are permissible, an advertisement
that contains an image, sound or dramatization that is unduly
manipulative is not. For example, a dramatization or illustration of
a car accident occurring in which graphic injuries are displayed is
not permissible. A depiction of a child being taken from a crying
mother is not permissible because it seeks to evoke an emotional
response and is unrelated to conveying useful information to the
prospective client regarding hiring a lawyer. Likewise, a
dramatization of an insurance adjuster persuading an accident
victim to sign a settlement is unduly manipulative, because it is
likely to convince a viewer to hire the advertiser solely on the basis
of the manipulative advertisement.
Some illustrations are used to seek attention so that viewers
will receive the advertiser’s message. So long as those illustrations,
images, or dramatizations are not unduly manipulative, they are
permissible, even if they do not directly relate to the selection of a
particular lawyer.
Use of celebrities
A lawyer or law firm advertisement may not contain the voice
or image of a celebrity with limited exceptions. A celebrity is an
individual who is known to the target audience and whose voice or
image is recognizable to the intended audience. A person can be a
celebrity on a regional or local level, not just a national level. Local
announcers or disc jockeys and radio personalities are regularly
used to record advertisements. Use of a local announcer or disc
jockey or a radio personality to record an advertisement is
permissible under this rule as long as the person recording the
announcement does not endorse or offer a testimonial on behalf of
the advertising lawyer or law firm. Additionally, an advertisement
may include the testimonial of a celebrity who is a current or former
client of the advertising lawyer or law firm if the testimonial
complies with all other applicable requirements of this subchapter.
Adopted January 31, 2013, effective May 1, 2013 (108 So.3d 609),
amended August 29, 2024, effective October 28, 2024 (SC2024-0032).