The Florida State Bar Association posted an update as of March 1, 2010 with further information regarding their recent rulings in relation to how attorneys may market online and what is permissible to include on law firm websites. An earlier decision in November of last year ruled that lawyers would not be allowed to include settlements or information regarding past cases. This ruling was later revised to allow the inclusion of information such as settlements, provided they are placed in a special designated area of the website which requires users to view and accept a disclaimer before gaining access. According to the ruling, the disclaimer must include among other information the statement that the designated section of the website has not been “reviewed or approved by The Florida Bar.” The most recent March update amended the ruling that websites needed to be brought into compliance by January 1 and declared a suspension of the new regulations until July of this year to allow attorneys time to make the necessary changes to their websites.
Beyond settlements the new rules require that law firm websites now be subject to the same regulations already in place for other types of legal advertising. And it is not just websites. The ruling extends to include all online marketing such as email and promotion through social networking sites such as Twitter and Facebook.
These rulings bring to the forefront some of the challenges and limitations that are inherent in marketing within the legal vertical. In addition to this new disclaimer where settlements are concerned, attorney websites should also include a disclaimer that the information on their site does not establish attorney-client privilege between websites visitors and the firm. The website of this firm of Boston lawyers provides an example with a disclaimer in the footer that runs throughout the website. Other sites such as this one for a firm of New Jersey accident lawyers includes a footer and a separate “terms of use” page which clearly states: “This site does not Contain legal advice!”
It is likely Florida will not be the only state bar to revise their advertising rules in relation to the online arena and other states may reach similar conclusions as to how to regulate attorney marketing online. This means that Lawyers and legal marketing professionals may have to re-think how to capture leads online with these new regulations in mind and will have to revise their strategy accordingly.
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