Sweepstakes can be a very powerful in tool to get Facebook users to “like” your Facebook page, become a twitter follower, “+1” your website on Google+, or add you to their Google+ circle. Unfortunately for savvy Florida lawyers, the Florida bar does not allow an attorney to give away anything other than something of nominal value*. Attorneys cannot hold a sweepstakes.
As to offering a prize as part of a weekly contest, Rule 4-7.2(c)(14) states:
Payment for Recommendations; Lawyer Referral Service Fees. A lawyer shall not give anything of value to a person for recommending the lawyer’s services, except that a lawyer may pay the reasonable cost of advertising or written or recorded communication permitted by these rules, may pay the usual charges of a lawyer referral service or other legal service organization, and may purchase a law practice in accordance with rule 4-1.17.
I was excited about the idea of running a sweepstakes on Facebook where the selected contestant would receive a $50 gift card or Miami Heat basketball tickets, etc. I thought that this would be a great way to increase the number of my Facebook fans and Google+ followers. I emailed the Florida Bar ethics hotline to see whether my proposed sweepstakes would comply with the Florida Bar rules and I received a reply email stating the the following:
Recently, the Standing Committee on Advertising reviewed a direct mail advertisement where the lawyer offered recipients coupon tags for a 15% discount at certain area businesses. The Committee found that such an offer is prohibited by rules 4-7.2(c)(14) and 4-1.8(e). The Committee commented that in reviewing such give-aways, staff should use a standard of nominal items versus non-nominal items. The Committee concluded that the 15% discounts were not nominal and were therefore impermissible.
The contest give-aways that you propose do not appear to be nominal. Cash awards of $250, $50 gift cards, $200 gasoline cards, and Orlando Magic tickets are all non-nominal and thus, prohibited as gifts under 4-7.2(c)(14) and 4-1.8(e)
In sum, banner advertisements appearing on Facebook or Google and your own “Facebook business page” are subject to Rule 4-7.2. The proposed advertisements offering contest give-aways of cash, gift and gasoline cards, and sports tickets are prohibited by Rules 4-7.2(c)(14) and 4-1.8(e).
Based on the above opinion, the Florida Bar Ethics Hotline believes that when someone likes a lawyer’s Facebook or Google+ page, etc. they are recommending the attorney’s services.
*I do not know what the Florida Bar considers as a nominal item.