Friday, April 17, 2009

Advertising to and Soliciting for Potential New Clients

Law firms must follow strict guidelines when placing advertisements of any form. A lawyer’s advertisement may mention any former positions held by them, areas of law the practice may be limited to and any nonlegal postgraduate degrees. A communication must not be false or misleading to any potential client and may not omit information that causes it to be misleading.

If a lawyer is approached by a person who is represented by counsel, they may provide a second opinion but are not allowed to attempt to solicit the client. It is important the any advertisement clearly states that if the person making the statement is not a lawyer and simply a spokesperson.

Before distributing any solicitation or advertising materials to the public it is advisable that the attorney contacts the Bar Association for their state to determine the legality of their materials.


*Florida Bar Opinion 88-9 (Adopted April 15, 1988)

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