Rule 4-7.19 — Evaluation of Advertisements

Rule Text (verbatim from The Florida Bar)

(a) Filing Requirements. Subject to the exemptions stated in
rule 4-7.20, any lawyer who advertises services must file with The
Florida Bar a copy of each advertisement at least 20 days prior to
the lawyer’s first dissemination of the advertisement. The
advertisement must be filed with The Florida Bar in the manner
specified by The Florida Bar as posted on its website.
(b) Evaluation by The Florida Bar. The Florida Bar will
evaluate all advertisements filed with it under this rule for
compliance with the applicable provisions set forth in rules 4-7.11
through 4-7.15 and 4-7.18(b)(2). If The Florida Bar does not send
any communication to the filer within 15 days of receipt by The
Florida Bar of a complete filing, or within 15 days of receipt by The
Florida Bar of additional information when requested within the
initial 15 days, the lawyer will not be subject to discipline by The
Florida Bar, except if The Florida later notifies the lawyer of
noncompliance, the lawyer may be subject to discipline for
dissemination of the advertisement after the notice of
noncompliance.
(c) Preliminary Opinions. A lawyer may obtain an advisory
opinion concerning the compliance of a contemplated advertisement
prior to production of the advertisement by submitting to The
Florida Bar a draft or script that includes all spoken or printed
words appearing in the advertisement, a description of any visual
images to be used in the advertisement, and the fee specified in this
rule. The voluntary prior submission does not satisfy the filing and
evaluation requirements of these rules, but once completed, The
Florida Bar will not charge an additional fee for evaluation of the
completed advertisement.
(d) Opinions on Exempt Advertisements. A lawyer may
obtain an advisory opinion concerning the compliance of an existing
or contemplated advertisement intended to be used by the lawyer
seeking the advisory opinion that is not required to be filed for
review by submitting the material and fee specified in this rule to
The Florida Bar, except that a lawyer may not file an entire website
for review. Instead, a lawyer may obtain an advisory opinion

concerning the compliance of a specific page, provision, statement,
illustration, or photograph on a website.
(e) Facial Compliance. Evaluation of advertisements is
limited to determination of facial compliance with rules 4-7.11
through 4-7.15 and 4-7.18(b)(2), and notice of compliance does not
relieve the lawyer of responsibility for the accuracy of factual
statements.
(f) Notice of Compliance and Disciplinary Action. A
finding of compliance by The Florida Bar will be binding on The
Florida Bar in a grievance proceeding unless the advertisement
contains a misrepresentation that is not apparent from the face of
the advertisement. The Florida Bar has a right to change its finding
of compliance and, in those circumstances, must notify the lawyer
of the finding of noncompliance, after which the lawyer may be
subject to discipline for continuing to disseminate the
advertisement. A lawyer will be subject to discipline as provided in
these rules for:
(1) failing to timely file the advertisement with The
Florida Bar;
(2) disseminating a noncompliant advertisement in the
absence of a finding of compliance by The Florida Bar;
(3) filing an advertisement that contains a
misrepresentation that is not apparent from the face of the
advertisement;
(4) disseminating an advertisement for which the lawyer
has a finding of compliance by The Florida Bar more than 30 days
after the lawyer has been notified that The Florida Bar has
determined that the advertisement does not comply with this
subchapter; or
(5) disseminating portions of a lawyer’s Internet
website(s) that are not in compliance with rules 4-7.14 and 4-7.15
only after 15 days have elapsed since the date of The Florida Bar’s
notice of noncompliance sent to the lawyer’s official bar address.

(g) Notice of Noncompliance. If The Florida Bar determines
that an advertisement does not comply with the applicable rules,
The Florida Bar will advise the lawyer that dissemination or
continued dissemination of the advertisement may result in
professional discipline.
(h) Contents of Filing. A filing with The Florida Bar as
required or permitted by this rule must include:
(1) a copy of the advertisement in the form or forms in
which it is to be disseminated, that is readily capable of duplication
by The Florida Bar (e.g., video, audio, print media, photographs of
outdoor advertising);
(2) a transcript, if the advertisement is in electronic
format;
(3) a printed copy of all text used in the advertisement,
including both spoken language and on-screen text;
(4) an accurate English translation of any portion of the
advertisement that is in a language other than English;
(5) a sample envelope in which the written advertisement
will be enclosed, if the advertisement is to be mailed;
(6) a statement listing all media in which the
advertisement will appear, the anticipated frequency of use of the
advertisement in each medium in which it will appear, and the
anticipated time period during which the advertisement will be
used;
(7) the name of at least 1 lawyer who is responsible for
the content of the advertisement;
(8) a fee paid to The Florida Bar, in an amount set by the
bar’s executive director as approved by the Board of Governors. The
Florida Bar will provide the Florida Supreme Court with 30 days’
notice prior to the effectiveness of any increase in the amount of a
fee or the imposition of any new fee. These fees will be used to offset

the cost of evaluation and review of advertisements submitted
under these rules and the cost of enforcing these rules; and
(9) additional information as necessary to substantiate
representations made or implied in an advertisement if requested by
The Florida Bar.
(i) Change of Circumstances; Refiling Requirement. If a
change of circumstances occurs after The Florida Bar evaluates an
advertisement that raises a substantial possibility that the
advertisement has become false or misleading as a result of the
change in circumstances, the lawyer must promptly re-file the
advertisement or a modified advertisement in the manner specified
by The Florida Bar as posted on its website along with an
explanation of the change in circumstances and an additional fee
set by the Board of Governors, which will not exceed $100.
(j) Maintaining Copies of Advertisements. A copy or
recording of an advertisement must be submitted to The Florida Bar
under this rule, and the lawyer must retain a copy or recording for
3 years after its last dissemination along with a record of when and
where it was used. If identical advertisements are sent to 2 or more
prospective clients, the lawyer may comply with this requirement by
filing 1 of the identical advertisements and retaining for 3 years a
single copy, together with a list of the names and addresses of
persons to whom the advertisement was sent.