Rule Text (verbatim from The Florida Bar)
(a) Payment by Other Lawyers. No lawyer may, directly or
indirectly, pay all or a part of the cost of an advertisement by a
lawyer not in the same firm. Rule 4-1.5(f)(4)(D) (regarding the
division of contingency fees) is not affected by this provision even
though the lawyer covered by subdivision (f)(4)(D)(ii) of rule 4-1.5
advertises.
(b) Payment for Referrals. A lawyer may not give anything of
value to a person for recommending the lawyer’s services, except
that a lawyer may pay the reasonable cost of advertising permitted
by these rules, may pay the usual charges of a lawyer referral
service, lawyer directory, qualifying provider or other legal service
organization, and may purchase a law practice in accordance with
rule 4-1.17.
(c) Payment by Nonlawyers. A lawyer may not permit a
nonlawyer to pay all or a part of the cost of an advertisement by
that lawyer.
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
A Florida lawyer cannot pay another person for the recommendation of professional employment, except for the reasonable costs of permitted advertising. The rule blocks pay-for-referral arrangements that aren’t structured as legitimate advertising. Buying ads in a directory: fine. Paying a marketing consultant for ad placement: fine. Paying a non-lawyer to send you clients: not fine.
Comment (verbatim from The Florida Bar)
Paying for the Advertisements of Another Lawyer
A lawyer is not permitted to pay for the advertisements of
another lawyer not in the same firm. This rule is not intended to
prohibit more than 1 law firm from advertising jointly, but the
advertisement must contain all required information as to each
advertising law firm.
Paying Others for Recommendations
A lawyer is allowed to pay for advertising permitted by this
rule and for the purchase of a law practice in accordance with the
provisions of rule 4-1.17, but otherwise is not permitted to pay or
provide other tangible benefits to another person for procuring
professional work. However, a legal aid agency or prepaid legal
services plan may pay to advertise legal services provided under its
auspices. Likewise, a lawyer may participate in lawyer referral
programs, qualifying providers, or lawyer directories and pay the
usual fees charged by such programs, subject, however, to the
limitations imposed by rule 4-7.22. This rule does not prohibit
paying regular compensation to an assistant, such as a secretary or
advertising consultant, to prepare communications permitted by
this rule.
Adopted January 31, 2013, effective May 1, 2013 (108 So.3d 609);
amended March 8, 2018, effective April 30, 2018 (238 So.3d 164).