Court Defers Adoption of Two Exemptions When Florida Bar Filed a Petition to Amend Aspects of the Lawyer Advetising Rules
In In re Amendments to Rules Regulating the Florida Bar--Advertising, 971 So. 2d 763 (Fla. 2007) (Advertising), the Florida Bar filed a petition to amend several aspects of the lawyer advertising rules, including proposals to amend rule 4-7.1 (which provides general information regarding legal services, advertisements, and communications).
Two of the amendments proposed in Advertising would have specifically exempted lawyer-to-lawyer communications, as well as communications between lawyers and their past and current clients, from the lawyer advertising rules. Id. at 764.
The Court deferred adoption of the two proposals at that time and invited the Bar to provide further support for its position. Id.
In Advertising, 971 So. 2d at 764, the Court asked the Bar to provide additional information regarding the two instant proposals:
The Bar proposed several amendments to rule 4-7.1 (General), including adding subdivisions that would exempt certain areas from the advertising rules.
The proposed exemptions included, along with other areas, communications with family members, communications between lawyers, and communications with current and former clients.
We adopt the exemption in respect to communications with family members.
We request further information from the Bar as to why communications between lawyers, and communications with current and former clients, should be exempted from the advertising rules, including any research or evidence supporting such exemptions.
We defer adoption of those two exemptions at this time.