Professionalism & Ethics in Lawyer Advertising

Frequently Updated

• Differences between State Advertising and Solicitation Rules and the ABA Model Rules of Professional Conduct 
  

(Updated June 2, 2016)

Court Rulings

• The court in Searcy et al v. The Florida Bar enjoined enforcement of Rules Regulating The Florida Bar, Rule 4-7.14(a)(4), which prohibited the plaintiffs from making truthful statements on a website, blog, or social medium about their specialty or expertise. (September 30, 2015)
• The U.S. Court of Appeals for the Second Circuit has held that part of the New York rule regarding disclaimers for specialization certification violates the First Amendment. (March 5, 2012)
• United States District Court, Middle District of Florida, Jacksonville Division, ruling in Harrell v. Florida Bar (September 30, 2011)
• Decision by United States Court of Appeals for the Fifth Circuit in Public Citizen, Inc. v. Louisiana Attorney Disciplinary Board (January 31, 2011)
• U.S. Court of Appeals affirms most of District Court’s decision (March 12, 2010)
• Florida Supreme Court declines to adopt the proposed amendments to Rule Regulating the Florida Bar 4-7.6 (Feb. 27, 2009).
• The Supreme Court of New Jersey, in “In Re: Opinion 39 of the Committee on Attorney Advertising”, vacated Opinion 39, which had concluded that “advertisements describing attorneys as ‘Super Lawyers,’ ‘Best Lawyers in America,’ or similar comparative titles, violate the prohibition against advertisements that are inherently comparative in nature, RPC 7.1(a)(3), or that are likely to create an unjustified expectation about results, RPC 7.1(a)(2).” (December 17, 2008) 
• Some New Lawyer Advertising Rules in New York Violate Free Speech, Federal Court Rules (July 23, 2007
• U. S. District Court grants motion to dismiss in Browne v. Avvo, ruling that plaintiff’s claim that the Avvo lawyer rating system is inaccurate and misleading is barred by the First Amendment (Dec. 18, 2007)

Reports

• Association of Professional Responsibility Lawyers (APRL)
  • Report of the Regulation of Lawyer Advertising Committee (June, 2015)
  • Supplemental Report; Attachment A (April 2016)
• Report of the Pennsylvania Bar Association Task Force on Lawyer Advertising (May 2007)
• Kentucky Bar Association Attorneys' Advertising Commission Ethics 2000 Committee Report (November 17, 2006)
• Report of the Special Committee on Lawyer Advertising of the Indiana State Bar Association (June 30, 2006)

Additional Resources