Rule Text (verbatim from The Florida Bar)
(a) Solicitation. Except as provided in subdivision (b) of this
rule, a lawyer may not:
(1) solicit in person, or permit employees or agents of the
lawyer to solicit in person on the lawyer’s behalf, professional
employment from a prospective client with whom the lawyer has no
family or prior professional relationship when a significant motive
for the lawyer’s doing so is the lawyer’s pecuniary gain. The term
“solicit” includes contact in person, by telephone, by electronic
means that include real-time communication face-to-face such as
video telephone or video conference, or by other communication
directed to a specific recipient that does not meet the requirements
of subdivision (b) of this rule and rules 4-7.11 through 4-7.17 of
these rules; and
(2) enter into an agreement for, charge, or collect a fee
for professional employment obtained in violation of this rule.
(b) Written Communication.
(1) A lawyer may not send, or knowingly permit to be
sent, on the lawyer’s behalf or on behalf of the lawyer’s firm or
partner, an associate, or any other lawyer affiliated with the lawyer
or the lawyer’s firm, a written communication directly or indirectly
to a prospective client for the purpose of obtaining professional
employment if:
(A) the written communication concerns an action
for personal injury or wrongful death or otherwise relates to an
accident or disaster involving the person to whom the
communication is addressed or a relative of that person, unless the
accident or disaster occurred more than 30 days prior to the
mailing of the communication;
(B) the written communication concerns a specific
matter and the lawyer knows or reasonably should know that the
person to whom the communication is directed is represented by a
lawyer in the matter;
(C) it has been made known to the lawyer that the
person does not want to receive such communications from the
lawyer;
(D) the communication involves coercion, duress,
fraud, overreaching, harassment, intimidation, or undue influence;
(E) the communication violates rules 4-7.11
through 4-7.17 of these rules;
(F) the lawyer knows or reasonably should know
that the physical, emotional, or mental state of the person makes it
unlikely that the person would exercise reasonable judgment in
employing a lawyer; or
(G) the communication concerns a request for an
injunction for protection against any form of physical violence and
is addressed to the respondent in the injunction petition, if the
lawyer knows or reasonably should know that the respondent
named in the injunction petition has not yet been served with notice
of process in the matter.
(2) Written communications to prospective clients for the
purpose of obtaining professional employment that are not
prohibited by subdivision (b)(1) are subject to the following
requirements:
(A) These communications are subject to the
requirements of 4-7.11 through 4-7.17 of these rules.
(B) Each separate enclosure of the communication
and the face of an envelope containing the communication must be
clearly and conspicuously marked “advertisement.” If the written
communication is in the form of a self-mailing brochure or
pamphlet, the “advertisement” mark must be clearly and
conspicuously marked on the address panel of the brochure or
pamphlet, on the inside of the brochure or pamphlet, and on each
separate enclosure. If the written communication is sent via email,
the subject line of the email must begin with the word
“Advertisement,” and any attachment to the email must also be
clearly and conspicuously marked “advertisement.” The term
“advertisement” is sufficiently clear and conspicuous if it is written,
displayed, or presented in larger and contrasting text relative to
other text appearing on the page or any other way that a reasonable
consumer should notice it.
(C) Every written communication must include a
written statement detailing the background, training and experience
of the lawyer or law firm. This statement must include information
about the specific experience of the advertising lawyer or law firm in
the area or areas of law for which professional employment is
sought. Every written communication disseminated by a lawyer
referral service must include a written statement detailing the
background, training, and experience of each lawyer to whom the
recipient may be referred.
(D) If a contract for representation accompanies the
written communication, the top of each page of the contract must
be marked “SAMPLE” in red ink in a type size one size larger than
the largest type used in the contract and the words “DO NOT SIGN”
must appear on the client signature line.
(E) Written communications must not resemble
legal pleadings or other legal documents.
(F) If a lawyer other than the lawyer whose name or
signature appears on the communication will actually handle the
case or matter, or if the case or matter will be referred to another
lawyer or law firm, any written communication concerning a
specific matter must include a statement so advising the client.
(G) Any written communication prompted by a
specific occurrence and directed to a recipient that the lawyer
knows or reasonably should know directly involves or affects the
intended recipient of the communication or a family member must
disclose how the lawyer obtained the information prompting the
communication. The disclosure required by this rule must be
specific enough to enable the recipient to understand the extent of
the lawyer’s knowledge regarding the recipient’s particular
situation.
(H) A written communication prompted by a
specific occurrence and directed to a recipient that the lawyer
knows or reasonably should know directly involves or affects the
intended recipient or a family member in a specific matter must not
reveal on the envelope, or on the outside of a self-mailing brochure
or pamphlet, the nature of the recipient’s legal problem.
(3) The requirements in subdivision (b)(2) of this rule do
not apply to communications between lawyers, between lawyers and
their own current and former clients, or between lawyers and their
own family members, or to communications by the lawyer at a
prospective client’s request.
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 lawyers cannot solicit professional employment from a prospective client through in-person, telephone, or real-time electronic contact when a significant motive is the lawyer’s pecuniary gain — unless the contact is with another lawyer, a family member, or someone with whom the lawyer has a prior personal or professional relationship. Written solicitation is allowed with specific disclosures. The rule is the classic ‘no ambulance chasing’ restriction.
Florida Bar Ethics Opinions interpreting this rule
- Opinion A-99-1 (1999)
<p>Florida lawyers who send informational newsletters to prospective clients must submit the first issue to The Florida Bar's advertising committee for review. Later issues only need filing if they add new firm information not already permitted under the rules. The standard exists to keep newsletter-style marketing from becoming dressed-up solicitation.</p>
Read on floridabar.org → - Opinion 77-8 (1977)
<p>Florida lawyers cannot work with heir hunting services that find unclaimed inheritances and steer the heirs to a specific lawyer in exchange for a referral fee. Both direct and indirect arrangements count as improper solicitation. If a service contacts you about an estate you may be entitled to, the lawyer they recommend is in violation — find your own counsel.</p>
Read on floridabar.org →
Comment (verbatim from The Florida Bar)
Permissible contact
A lawyer may initiate the routine mutual exchange of contact
information with prospective clients who are attending the same
business or professional conference or meeting or business-related
social gathering if the lawyer initiates no further discussion of a
specific legal matter. Similarly, a lawyer may initiate the exchange
of contact information and profiles via a specific social media
platform that is established for the purpose of businesses and
professionals exchanging this type of information if the lawyer
initiates no discussion of specific legal matters. If a prospective
client then initiates discussion of a specific legal matter, the lawyer
should decline to discuss the matter at the initial contact and defer
further discussion to a more appropriate location when the
discussion would endanger a prospective client’s confidentiality.
Lawyers should not interpret the above to allow a lawyer who knows
a person has a specific legal problem to go to a specific conference
or meeting where that prospective client will be in attendance in
order to initiate the exchange of contact information. An accident
scene, a hospital room of an injured person, or a doctor’s office are
not business or professional conferences or meetings within the
meaning of the discussion above.
Prior professional relationship
Persons with whom the lawyer has a prior professional
relationship are exempted from the general prohibition against
direct, in-person solicitation. A prior professional relationship
requires that the lawyer personally had a direct and continuing
relationship with the person in the lawyer’s capacity as a
professional. Thus, a lawyer with a continuing relationship as the
patient of a doctor, for example, does not have the professional
relationship contemplated by the rule because the lawyer is not
involved in the relationship in the lawyer’s professional capacity.
Similarly, a lawyer who is a member of a charitable organization
totally unrelated to the practice of law and who has a direct
personal relationship with another member of that organization
does not fall within the definition.
On the other hand, a lawyer who is the legal advisor to a
charitable board and who has direct, continuing relationships with
members of that board does have prior professional relationships
with those board members as contemplated by the rule.
Additionally, a lawyer who has a direct, continuing relationship
with another professional where both are members of a trade
organization related to both the lawyer’s and the nonlawyer’s
practices would also fall within the definition. A lawyer’s
relationship with a doctor because of the doctor’s role as an expert
witness is another example of a prior professional relationship as
provided in the rule.
A lawyer who merely shared a membership in an organization
in common with another person without any direct, personal
contact would not have a prior professional relationship for
purposes of this rule. Similarly, a lawyer who speaks at a seminar
does not develop a professional relationship within the meaning of
the rule with seminar attendees merely by virtue of being a speaker.
Disclosing where the lawyer obtained information
In addition, the lawyer or law firm should reveal the source of
information used to determine that the recipient has a potential
legal problem. Disclosure of the information source will help the
recipient to understand the extent of knowledge the lawyer or law
firm has regarding the recipient’s particular situation and will avoid
misleading the recipient into believing that the lawyer has
particularized knowledge about the recipient’s matter if the lawyer
does not. The lawyer or law firm must disclose sufficient
information or explanation to allow the recipient to locate the
information that prompted the communication from the lawyer.
Alternatively, the direct mail advertisement would comply with
this rule if the advertisement discloses how much information the
lawyer has about the matter.
For example, a direct mail advertisement for criminal defense
matters would comply if it stated that the lawyer’s only knowledge
about the prospective client’s matter is the client’s name, contact
information, date of arrest, and charge. In the context of securities
arbitration, a direct mail advertisement would comply with this
requirement by stating, if true, that the lawyer obtained information
from a list of investors, and the only information on that list is the
prospective client’s name, address, and the fact that the prospective
client invested in a specific company.
Disclosing the nature of the prospective client’s legal problem
This requirement does not apply where a written communication
is prompted by a specific occurrence with widespread impact, such
as a hurricane or a flood, where although the communication has
been prompted by a specific occurrence, the lawyer neither knows
nor has reason to know that the intended recipient was in fact
affected by the specific occurrence.
Group or prepaid legal services plans
This rule would not prohibit a lawyer from contacting
representatives of organizations or groups that may be interested in
establishing a group or prepaid legal plan for its members,
insureds, beneficiaries, or other third parties for the purpose of
informing such entities of the availability of, and details concerning,
the plan or arrangement that the lawyer or the lawyer’s law firm is
willing to offer. This form of communication is not directed to a
specific prospective client known to need legal services related to a
particular matter. Rather, it is usually addressed to an individual
acting in a fiduciary capacity seeking a supplier of legal services for
others who may, if they choose, become clients of the lawyer. Under
these circumstances, the activity that the lawyer undertakes in
communicating with these representatives and the type of
information transmitted to the individual are functionally similar to
and serve the same purpose as advertising permitted under other
rules in this subchapter.
Adopted January 31, 2013, effective May 1, 2013 (108 So.3d 609),
amended November 9, 2017, effective February 1, 2018; amended March 3,
2022, effective May 2, 2022 (SC20-1467); amended June 22, 2023, effective
August 21, 2023 (SC22-1294).