Rule 4-7.13 — Deceptive and Inherently Misleading Advertisements

Comment (verbatim from The Florida Bar)

Material omissions
An example of a material omission is stating “over 20 years’
experience” when the experience is the combined experience of all
lawyers in the advertising firm. Another example is a lawyer who
states “over 20 years’ experience” when the lawyer includes within
that experience time spent as a paralegal, investigator, police
officer, or other nonlawyer position.
Implied existence of nonexistent fact
An example of the implied existence of a nonexistent fact is an
advertisement stating that a lawyer has offices in multiple states if
the lawyer is not licensed in those states or is not authorized to
practice law. Such a statement implies the nonexistent fact that a
lawyer is licensed or is authorized to practice law in the states
where offices are located.
Another example of the implied existence of a nonexistent fact
is a statement in an advertisement that a lawyer is a founding
member of a legal organization when the lawyer has just begun
practicing law. Such a statement falsely implies that the lawyer has
been practicing law longer than the lawyer actually has.
Predictions of success
Statements that promise a specific result or predict success in
a legal matter are prohibited because they are misleading.
Examples of statements that impermissibly predict success include:
“I will save your home,” “I can save your home,” “I will get you
money for your injuries,” and “Come to me to get acquitted of the
charges pending against you.”
Statements regarding the legal process as opposed to a specific
result generally will be considered permissible. For example, a
statement that the lawyer or law firm will protect the client’s rights,
protect the client’s assets, or protect the client’s family do not
promise a specific legal result in a particular matter. Similarly, a
statement that a lawyer will prepare a client to effectively handle

cross-examination is permissible, because it does not promise a
specific result, but describes the legal process.
Aspirational statements are generally permissible as such
statements describe goals that a lawyer or law firm will try to meet.
Examples of aspirational words include “goal,” “strive,” “dedicated,”
“mission,” and “philosophy.” For example, the statement, “My goal
is to achieve the best possible result in your case,” is permissible.
Similarly, the statement, “If you’ve been injured through no fault of
your own, I am dedicated to recovering damages on your behalf,” is
permissible.
Modifying language can be used to prevent language from
running afoul of this rule. For example, the statement, “I will get
you acquitted of the pending charges,” would violate the rule as it
promises a specific legal result. In contrast, the statement, “I will
pursue an acquittal of your pending charges,” does not promise a
specific legal result. It merely conveys that the lawyer will try to
obtain an acquittal on behalf of the prospective client. The
following list is a nonexclusive list of words that generally may be
used to modify language to prevent violations of the rule: try,
pursue, may, seek, might, could, and designed to.
General statements describing a particular law or area of law
are not promises of specific legal results or predictions of success.
For example, the following statement is a description of the law and
is not a promise of a specific legal result: “When the government
takes your property through its eminent domain power, the
government must provide you with compensation for your
property.”
Past results
The prohibitions in subdivisions (b)(1) and (b)(2) of this rule
preclude advertisements about results obtained on behalf of a
client, such as the amount of a damage award or the lawyer’s
record in obtaining favorable verdicts, if the results are not
objectively verifiable or are misleading, either alone or in the context
in which they are used. For example, an advertised result that is
atypical of persons under similar circumstances is likely to be

misleading. A result that omits pertinent information, such as
failing to disclose that a specific judgment was uncontested or
obtained by default, or failing to disclose that the judgment is far
short of the client’s actual damages, is also misleading. The
information may create the unjustified expectation that similar
results can be obtained for others without reference to the specific
factual and legal circumstances. An example of a past result that
can be objectively verified is that a lawyer has obtained acquittals in
all charges in 4 criminal defense cases. On the other hand, general
statements such as, “I have successfully represented clients,” or “I
have won numerous appellate cases,” may or may not be
sufficiently objectively verifiable. For example, a lawyer may
interpret the words “successful” or “won” in a manner different from
the average prospective client. In a criminal law context, the lawyer
may interpret the word “successful” to mean a conviction to a lesser
charge or a lower sentence than recommended by the prosecutor,
while the average prospective client likely would interpret the words
“successful” or “won” to mean an acquittal.
Rule 4-1.6(a), Rules Regulating The Florida Bar, prohibits a
lawyer from voluntarily disclosing any information regarding a
representation without a client’s informed consent, unless one of
the exceptions to rule 4-1.6 applies. A lawyer who wishes to
advertise information about past results must have the affected
client’s informed consent. The fact that some or all of the
information a lawyer may wish to advertise is in the public record
does not obviate the need for the client’s informed consent.
Comparisons
The prohibition against comparisons that cannot be factually
substantiated would preclude a lawyer from representing that the
lawyer or the lawyer’s law firm is “the best,” or “one of the best,” in
a field of law.
On the other hand, statements that the law firm is the largest
in a specified geographic area, or is the only firm in a specified
geographic area that devotes its services to a particular field of
practice are permissible if they are true, because they are
comparisons capable of being factually substantiated.

Characterization of skills, experience, reputation or record
The rule prohibits statements that characterize skills,
experience, reputation, or record that are not objectively verifiable.
Statements of a character trait or attribute are not statements that
characterize skills, experience, or record. For example, a statement
that a lawyer is aggressive, intelligent, creative, honest, or
trustworthy is a statement of a lawyer’s personal attribute, but does
not characterize the lawyer’s skills, experience, reputation, or
record. These statements are permissible.
Descriptive statements characterizing skills, experience,
reputation, or a record that are true and factually verified are
permissible. For example, the statement “Our firm is the largest
firm in this city that practices exclusively personal injury law,” is
permissible if true, because the statement is objectively verifiable.
Similarly, the statement, “I have personally handled more appeals
before the First District Court of Appeal than any other lawyer in
my circuit,” is permissible if the statement is true, because the
statement is objectively verifiable.
Descriptive statements that are misleading are prohibited by
this rule. Descriptive statements such as “the best,” “second to
none,” or “the finest” will generally run afoul of this rule, as such
statements are not objectively verifiable and are likely to mislead
prospective clients as to the quality of the legal services offered.
Aspirational statements are generally permissible as such
statements describe goals that a lawyer or law firm will try to meet.
Examples of aspirational words include “goal,” “dedicated,”
“mission,” and “philosophy.” For example, the statement, “I am
dedicated to excellence in my representation of my clients,” is
permissible as a goal. Similarly, the statement, “My goal is to
provide high quality legal services,” is permissible.
Areas of practice
This rule is not intended to prohibit lawyers from advertising
for areas of practice in which the lawyer intends to personally
handle cases, but does not yet have any cases of that particular
type.

Dramatizations
A re-creation or staging of an event where it is not clear from
the context of the advertisement that the portrayal is a re-creation
or staging of an event must contain a clear and conspicuous
disclaimer. For example, a re-creation of a car accident must
contain an appropriate clear and conspicuous disclaimer if the
context of the advertisement makes the re-creation appear to be a
matter handled by that law firm. A re-enactment of lawyers visiting
the re-construction of an accident scene must contain an
appropriate clear and conspicuous disclaimer if it is not clear from
the advertisement that it is a re-enactment.
If an actor is used in an advertisement purporting to be
engaged in a particular profession or occupation who is acting as a
spokesperson for the lawyer or in any other circumstances where
the viewer could be misled, a disclaimer must be used. However, an
authority figure such as a judge or law enforcement officer, or an
actor portraying an authority figure, may not be used in an
advertisement to endorse or recommend a lawyer, or to act as a
spokesperson for a lawyer under rule 4-7.15.
Implying lawyer will violate rules of conduct or law
Advertisements which state or imply that the advertising
lawyers will engage in conduct that violates the Rules of
Professional Conduct are prohibited. The Supreme Court of Florida
found that lawyer advertisements containing an illustration of a pit
bull canine and the telephone number 1-800-pitbull were false,
misleading, and manipulative, because use of that animal implied
that the advertising lawyers would engage in “combative and vicious
tactics” that would violate the Rules of Professional Conduct. Fla.
Bar v. Pape, 918 So. 2d 240 (Fla.2005).
Testimonials
A testimonial is a personal statement, affirmation, or
endorsement by any person other than the advertising lawyer or a
member of the advertising lawyer’s firm regarding the quality of the
lawyer’s services or the results obtained through the representation.
Clients as consumers are well-qualified to opine on matters such as

courtesy, promptness, efficiency, and professional demeanor.
Testimonials by clients on these matters, as long as they are
truthful and are based on the actual experience of the person giving
the testimonial, are beneficial to prospective clients and are
permissible. A current or former client who is a celebrity may offer a
truthful testimonial if the testimonial complies with the
requirements of this rule.
Florida bar approval of ad or lawyer
An advertisement may not state or imply that either the
advertisement or the lawyer has been approved by The Florida Bar.
Such a statement or implication implies that The Florida Bar
endorses a particular lawyer. Statements prohibited by this
provision include, “This advertisement was approved by The Florida
Bar.” A lawyer referral service also may not state that it is a “Florida
Bar approved lawyer referral service,” unless the service is a not-
for-profit lawyer referral service approved under chapter 8 of the
Rules Regulating The Florida Bar. A qualifying provider also may
not state that it is a “Florida Bar approved qualifying provider” or
that its advertising is approved by The Florida Bar.
Judicial, executive, and legislative titles
This rule prohibits use of a judicial, executive, or legislative
branch title, unless accompanied by clear modifiers and placed
after the person’s name, when used to refer to a current or former
officer of the judicial, executive, or legislative branch. Use of a title
before a name is inherently misleading in that it implies that the
current or former officer has improper influence. Thus, the titles
Senator Doe, Representative Smith, Judge Doe (Retired), Former
Justice Doe, Retired Judge Smith, Justice Smith (Retired), Governor
(Retired) Doe, Former Senator Smith, and other similar titles used
as titles in conjunction with the lawyer’s name are prohibited by
this rule. This includes, but is not limited to, use of the title in
advertisements and written communications, computer-accessed
communications, letterhead, and business cards.
However, an accurate representation of one’s judicial,
executive, or legislative experience is permitted if the reference is

after the lawyer’s name and is clearly modified by terms such as
“former” or “retired.” For example, a former judge may state “Jane
Doe, Florida Bar member, former circuit judge” or “Jane Doe,
retired circuit judge.”
As another example, a former state representative may not
include “Representative Smith (former)” or “Representative Smith,
retired” in an advertisement, letterhead, or business card. However,
a former representative may state, “John Smith, Florida Bar
member, former state representative.”
Further, an accurate representation of one’s judicial,
executive, or legislative experience is permitted in reference to
background and experience in biographies, curriculum vitae, and
resumes if accompanied by clear modifiers and placed after the
person’s name. For example, the statement “John Jones was
governor of the State of Florida from [ . . . years of service . . . ]”
would be permissible.
Also, the rule governs lawyer advertising. It does not apply to
pleadings filed in a court. A practicing lawyer who is a former or
retired judge may not use the title in any form in a court pleading.
A former or retired judge who uses that former or retired judge’s
previous title of “Judge” in a pleading could be sanctioned.
Implication of association or affiliation with another lawyer or
law firm
This rule prohibits any statement or implication that a lawyer
or law firm is affiliated or associated with the advertising lawyer or
law firm when that is not the case. Lawyers may not state or imply
another lawyer is part of the advertising firm if the statement or
implication is untrue. For example, 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. An example of impermissible advertising would
be including the name of a lawyer or law firm that is not part of the
advertising law firm in an Internet advertisement or sponsored link
that is displayed when the non-affiliated lawyer or law firm’s name
is used as a search term when the advertisement does not clearly

indicate that the non-affiliated lawyer or law firm is not part of the
advertising law firm. Another example of impermissible conduct is
use of another lawyer or law firm name as an Internet search term
that triggers the display of an advertisement that does not clearly
indicate that the advertisement is for a lawyer or law firm that is
not the lawyer or law firm used as the search term. The triggered
advertisement would not be misleading if the first text displayed is
the name of the advertising lawyer or law firm and, if the displayed
law firm name is a trade name that does not contain the name of a
current or deceased partner, the name of the lawyer responsible for
the advertisement is also displayed as the first text.
Adopted January 31, 2013, effective May 1, 2013 (108 So.3d 609);
amended March 8, 2018, effective April 30, 2018 (238 So.3d 164); amended
March 3, 2022, effective May 2, 2022 (SC20-1467); amended June 22,
2023, effective August 21, 2023 (SC22-1294).