Update 9/10/13 – Some of this article may no longer apply due to the fact that the Florida bar now always testimonials, subject to a disclaimer, on advertisements.
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The Florida Bar doesn’t allow Florida attorneys to have any reviews (e.g. stars) associated with any online advertisements. These advertisements include, but are not limited to, sponsored ads appearing on Google, Yahoo, Avvo (etc.), and display ads on Facebook and Youtube (etc.). On Google, Sponsored ads are the ads that appear on the top of the page and to the right of organic listings. This “no reviews on ads” policy also applies to all paid advertising on the internet. Florida attorneys are allowed to have reviews or ratings associated with unpaid listings.
Below is a screenshot of a Google ad. In red, I drew a red arrow showing where the ad (paid listing) is. The organic (natural, unpaid listing) is in green. I chose to show an example of a Google search for tickets for the Miami Heat.
Below is a screenshot of an Avvo lawyers page. I used “xxx” to block out information that would reveal the identity of the lawyers on this page. This search was taken from another state and I am unsure whether their state bar allow attorneys to associate reviews/ratings with a paid listing. I have indicated in red the areas where ratings are impermissible in Florida. I have indicated in green the organic area where ratings are allowed in Florida.
Assistant Ethics Counsel for the Florida bar stated to me in an email that:
If you pay for priority placement for your business listing on Google or similar sites on the internet, the content of the advertisement will have to comply with the advertising rules listed in Rules 4-7.1-4-7.10, Rules Regulating The Florida Bar. Because you are paying for a listing, any information posted in connection with the listing will be considered adopted by you.
If there are testimonials, statements describing quality, or other prohibited information associated with your listing, you will be responsible for those even if you did not post them. You would also have to file your listing for review if it contains any nonexempt information. Therefore, if there will be postings associated with your listing that are out of your control, it is advised that you do not pay for priority placement of your business listing.
Based on this email interpreting/stating the Florida bar ethical rules regarding attorney advertising, an attorney cannot claim that he/she did not know that there were reviews or ratings on his/her ads.
Attorney ads appearing in the organic results (natural results that a business doesn’t have to pay for) can still have reviews associated with the listing. However, if a Florida lawyer or law firm does anything that would give its listing priority such as pay for the listing to be posted as a sponsored link, then you will have to comply with the advertising rules.
Although it may be tempting to purchase a listing on Google Adwords, Google Maps, Yahoo, Avvo, etc., the consequences of a bar complaint outweigh the benefits gained by having reviews or ratings associated with a paid ad. Some of the consequences of a bar complaint are, stress, damaged reputation, attorney’s fees, a fine or increased professional liability insurance premiums. If a Florida attorney has a paid ad that has reviews, and the attorney did not file the ad for review with the Florida Bar prior to having it displayed, the attorney will be guilty of both failure to file and having a noncompliant ad.
I would never report an attorney for having reviews on a paid listing. The purpose of this article is to let other Florida lawyers know the rules on advertising and save them from an unnecessary headache.
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