10/4/11

Florida Bar's Advertising Rules Are Found Unconstitutional by Federal Judge

Details are given in an article in today's Wall Street Journal entitled, "Florida Court Strikes Down Limits on Lawyer Advertising," concerning the opinion released last Friday by the Honorable Marcia Morales Howard of United States District Court for the Division of Jacksonville.

The federal judge has held that the Florida Bar violated the First Amendment rights of Florida attorney William Harrell Jr. when it deemed Mr. Harrell's advertising message of "don't get less than you deserve," as "manipulative" and therefore in violation of state solicitation rules. 

How much will this decision impact Florida attorneys?  Maybe not so much:  right now, amendments to the Florida Disciplinary Rules await approval by the Supreme Court of Florida. 

To review the rules in place for Florida attorney advertising, go here.
To review the rules that were proposed this summer for Florida Supreme Court approval, go here.