As some of you may have noticed, my postings to the blog have slowed in recent months, and had come to a stop at the beginning of this year. This was largely due to changes in the Florida Bar's rules regarding attorney advertising that were made effective this year through rule
4-7.6 (the Florida Supreme Court adopted the rules
here). Many commentators have expressed fears that these rules would effectively halt legal blogging, and in my case they did, at least temporarily. For those interested,
Lyrissa Lidsky, faculty at the University of Florida, has written on the topic
here.
After researching the amendments, it is my opinion that my blog does not fall within the scope of the rules (due to being an educational, not advertising blog), but even if it did fall within the scope, I don't believe it violates those rules. Arguably the blurb on the right hand side of my blog about me could be a nominal violation of rule
4-7.6 by way of rule
4-7.2 once I begin practicing law because it could possibly be considered a "statement that characterize[s] the quality of legal services being offered." However, a simple description of one's credentials I don't believe is what the bar intended to prohibit (in the context of prohibiting "information regarding past results" and "testimonials" it appears "quality" means the excellence of an attorney as opposed to an attribute of the attorney, but I could be wrong, we'll see).
If any of you ethicists or bloggers believe that I have it wrong, or wish to contribute, feel free to post a comment at the bottom of this post or email me at
charlie@modernbandit.com.
P.S. If any Bar admissions people are reading this post, please don't fail me for my blog. This is in no way a criticism of the Florida Bar, but seriously, couldn't you just make an explicit exception for educational legal bloggers?