Fla. Law Firm that Sued over ‘Don’t Settle’ Tagline Allowed to Challenge Ad Rules
A Florida lawyer in a dispute with bar officials over his law firm’s tagline may challenge the state’s attorney advertising rules, a federal appeals court has ruled.
The Atlanta-based 11th U.S. Circuit Court of Appeals ruled (PDF) last week that Jacksonville lawyer William Harrell Jr. may sue the Florida Bar on a claim that five of the rules are so vague that they violate Harrell’s due process rights. He may also bring an as-applied challenge to a separate rule on First Amendment grounds and may sue over his tagline, “Don’t settle for less than you deserve,” the court said.
The appeals court ruled against Harrell on another claim, however, upholding the state bar’s requirement that lawyers submit proposed radio and television ads to the bar for review at least 20 days before they are slated to run.
Harrell, joined by his law firm Harrell and Harrell and the nonprofit group Public Citizen, had sued after the bar told him he could no longer use the tagline “Don’t settle for less than you deserve.” Harrell noted that the bar itself had suggested the tagline after rejecting another version, “Don’t settle for anything less.” After Harrell sued, the bar reversed course and sua sponte approved the tagline, then argued there was no live controversy. The appeals court disagreed, and also allowed the broader challenge to the rules.
Under the appeals court ruling, Harrell may challenge rules barring ads that are “manipulative,” promise results, characterize the quality of a lawyer’s services, provide anything other than “useful, factual information,” and contain background noise other than instrumental music.
Harrell said in an affidavit that, over the years, the bar has banned his proposed ads that included an illustration of stick people, a statue of Lady Justice, the scenery outside a window behind him, and a picture of one of his bar-approved telephone-book advertisements. The bar also banned another proposed slogan, “You Need an Attorney Fighting for Your Rights,” on the ground that individuals don’t need a lawyer to bring or settle a negligence claim.
Harrell contends the rules won’t allow him to run family-themed ads that feature him with his family and his mastiff dogs. The ads would also have emphasized the family-friendly nature of his law firm, including its on-site gym, and free fitness trainers and nutrition counselors. Other ads would have told the personal stories of his firm’s lawyers.
News4Jax.com noted the ruling.
