UPDATE: Florida advertising rules have been significantly changed since I wrote this article. I have stricken through some language which no longer applies.

As I personal injury lawyer, at the conclusion of a client’s claim or case, I have asked clients if they are willing to let me record a video testimonial of them.  This article applies to Florida lawyers. These testimonials may be used on my website because an attorney’s own website is not governed by the attorney advertising rules.  Florida attorneys are not required to file websites for review with the Florida Bar and the Florida Bar is not allowed to review websites.

But, pursuant to Rule 4-7.1(i), the “general rule prohibiting a lawyer from engaging in conduct involving dishonesty, deceit, or misrepresentation applies to all communications by a lawyer, whether or not subchapter 4-7 applies to that communication.”  A Florida attorney must obtain the client’s informed consent to use a testimonial related to the client’s matter, pursuant to Rule 4-1.6 (a). [Read more…]