First Amendment
Consumer Group Sues Over Fla. Bar’s Client Testimonial Ban
Posted Apr 2, 2009 1:35 PM CST
By Martha Neil
A consumer group has sued the Florida Bar on behalf of an attorney who was told client testimonials on a third-party website violated the state's lawyer advertising rules.
The prohibition, which Boca Raton attorney Joel Rothman unsuccessfully appealed to the Florida Bar Board of Governors, prevents him from participating in the Avvo online legal directory because it solicits client testimonials, reports the National Law Journal.
Public Citizen filed suit this week in U.S. District Court for the Southern District of Florida over the bar's client testimonial restriction, contending that it violates the First Amendment of the U.S. Constitution, the legal publication reports.
"Reviews from past clients, whether positive or negative, can tell consumers a lot about a lawyer," says attorney Greg Beck of Public Citizen. "Restricting this information makes it more difficult for consumers to choose which lawyer to hire. It also gives lawyers less reason to compete by providing high-quality legal services."
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Comments
Josh King
Apr 3, 2009 10:04 AM CST
The Florida Bar is one of the most progressive in providing public access to attorney licensing information, but it labors under burdensome and overreaching rules restricting attorney advertising. These restrictions do little to protect consumers, but drive up the cost and complexity of legal work in Florida. Here’s hoping this suit will help mark a return to more sensible regulation of attorney advertising.
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Shalini
Apr 3, 2009 10:47 AM CST
Our GC Josh King comments on the lawsuit here: http://avvoblog.com/2009/04/01/new-lawsuit-targets-florida-bar-ad-rules/
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Shalini
Apr 3, 2009 11:11 AM CST
The Florida Bar’s position is overtly restrictive on attorney commercial speech, and we hope that Public Citizen prevails - for the benefit of all Florida Bar members.
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in Florida
Apr 3, 2009 1:20 PM CST
Agreed.
Even the recent activity from the Bar and the FL Supreme Court on proposed website rules shows that they either the entrenched powers don’t understand the Internet—or they fear it.
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