February 26, 2016 Top Story

State Bar's Advertising Rules Unconstitutional

Bar cannot prohibit lawyers from truthfully advertising expertise

Candice A. Garcia-Rodrigo

Certain state bar rules governing advertising of specializations or expertise are unconstitutional as applied to websites, blogs, and social media materials. Searcy v. Florida Bar. Attorneys have a First Amendment interest in being able to present truthful information about their practice that outweighs the bar’s interest in protecting potential clients. The opinion helps attorneys understand how to legally advertise expertise.

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