Rule Text (verbatim from The Florida Bar)
(a) Type of Media. Unless otherwise indicated, this
subchapter applies to all forms of communication in any print or
electronic forum, including but not limited to newspapers,
magazines, brochures, flyers, television, radio, direct mail,
electronic mail, and Internet, including banners, pop-ups, websites,
social networking, and video sharing media. The terms “advertising”
and “advertisement” as used in chapter 4-7 refer to all forms of
communication seeking legal employment, both written and spoken.
(b) Lawyers. This subchapter applies to lawyers, whether or
not admitted to practice in Florida or other jurisdictions, who
advertise that the lawyer provides legal services in Florida or who
target advertisements for legal employment at Florida residents. The
term “lawyer” as used in subchapter 4-7 includes 1 or more lawyers
or a law firm. This rule does not permit the unlicensed practice of
law or advertising that the lawyer provides legal services that the
lawyer is not authorized to provide in Florida.
(c) Referral Sources. This subchapter applies to
communications made to referral sources about legal services.
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
This rule sets out which Florida lawyers and what kinds of communications are covered by the lawyer advertising subchapter. The advertising rules apply to all communications about a lawyer or law firm’s services, not just paid ads — websites, social media posts, public-facing client newsletters, presentations to potential clients, networking events. The scope is broader than ‘advertising’ as ordinary people use the term.
Comment (verbatim from The Florida Bar)
Websites
Websites are subject to the general lawyer advertising
requirements in this subchapter and are treated the same as other
advertising media. Websites of multistate firms present specific
regulatory concerns. Subchapter 4-7 applies to portions of a
multistate firm that directly relate to the provision of legal services
by a member of the firm who is a member of The Florida Bar.
Additionally, subchapter 4-7 applies to portions of a multistate
firm’s website that relate to the provision of legal services in Florida,
e.g., where a multistate firm has offices in Florida and discusses the
provision of legal services in those Florida offices. Subchapter 4-7
does not apply to portions of a multistate firm’s website that relate
to the provision of legal services by lawyers who are not admitted to
The Florida Bar and who do not provide legal services in Florida.
Subchapter 4-7 does not apply to portions of a multistate firm’s
website that relate to the provision of legal services in jurisdictions
other than Florida.
Lawyers Admitted in Other Jurisdictions
Subchapter 4-7 does not apply to any advertisement broadcast
or disseminated in another jurisdiction in which a Florida Bar
member is admitted to practice if the advertisement complies with
the rules governing lawyer advertising in that jurisdiction and is not
broadcast or disseminated within the state of Florida or targeted at
Florida residents. Subchapter 4-7 does not apply to such
advertisements appearing in national media if the disclaimer “cases
not accepted in Florida” is plainly noted in the advertisement.
Subchapter 4-7 also does not apply to a website advertisement that
does not offer the services of a Florida Bar member, a lawyer located
in Florida, or a lawyer offering to provide legal services in Florida.
Subchapter 4-7 applies to advertisements by lawyers admitted
to practice law in jurisdictions other than Florida who have
established a regular and/or permanent presence in Florida for the
practice of law as authorized by other law and who solicit or
advertise for legal employment in Florida or who target solicitations
or advertisements for legal employment at Florida residents.
For example, in the areas of immigration, patent, and tax, a
lawyer from another jurisdiction may establish a regular or
permanent presence in Florida to practice only that specific federal
practice as authorized by federal law. Such a lawyer must comply
with this subchapter for all advertisements disseminated in Florida
or that target Florida residents for legal employment. Such a lawyer
must include in all advertisements that the lawyer is “Not a Member
of The Florida Bar” or “Admitted in [jurisdiction where admitted] Only” or the lawyer’s limited area of practice, such as “practice
limited to [area of practice] law.” See Fla. Bar v. Kaiser, 397 So. 2d
1132 (Fla. 1981).
A lawyer from another jurisdiction is not authorized to
establish a regular or permanent presence in Florida to practice law
in an area in which that lawyer is not authorized to practice or to
advertise for legal services the lawyer is not authorized to provide in
Florida. For example, although a lawyer from another state may
petition a court to permit admission pro hac vice on a specific
Florida case, no law authorizes a pro hac vice practice on a general
or permanent basis in the state of Florida. A lawyer cannot
advertise for Florida cases within the state of Florida or target
advertisements to Florida residents, because such an advertisement
in and of itself constitutes the unlicensed practice of law.
A lawyer from another jurisdiction may be authorized to
provide Florida residents legal services in another jurisdiction. For
example, if a class action suit is pending in another state, a lawyer
from another jurisdiction may represent Florida residents in the
litigation. Any such advertisements disseminated within the state of
Florida or targeting Florida residents must comply with this
subchapter.
Adopted January 31, 2013, effective May 1, 2013 (108 So.3d 609).