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Wednesday, January 2, 2008
Florida Supreme courts ducks advertising issues on Web Ads
The Florida Supreme Court yesterday issued an advertising rule opinion... our biggest concerns as we waited for this had involved Web site restrictions. The Court ducked them, for now, saying:
"Existing rule 4-7.6 (Computer-Accessed Communications) governs computer-accessed communications such as websites and electronic mail. The proposal would make several changes to the rule. However, the Court notes that the Board has appointed a special committee to review issues regarding websites and Internet communications. The special committee is charged with making recommendations to the Board if appropriate. Thus, it is not efficient or sound for the Court to address the regulation of Internet advertising at this time, while the special committee is studying these very issues. Accordingly, the Court does not adopt the proposal for rule 4-7.6. The Court will consider the regulation of Internet communications when the Bar files the report of the special committee."
So, we appear to remain where we were, with the recommendation of the state bar to the special committee last spring being that home pages be required to comply with all general Florida Bar advertising rules, except the filing requirements. On subpages, lawyers would be able to post all the verifiable information they want. I have reviewed the situation with Page1.
The entire opinion is posted on the Florida Supreme Court site. There was a lot of revision to language, but nothing in it, as best as I can see as a non-lawyer, affecting anything we do or have planned.
"Existing rule 4-7.6 (Computer-Accessed Communications) governs computer-accessed communications such as websites and electronic mail. The proposal would make several changes to the rule. However, the Court notes that the Board has appointed a special committee to review issues regarding websites and Internet communications. The special committee is charged with making recommendations to the Board if appropriate. Thus, it is not efficient or sound for the Court to address the regulation of Internet advertising at this time, while the special committee is studying these very issues. Accordingly, the Court does not adopt the proposal for rule 4-7.6. The Court will consider the regulation of Internet communications when the Bar files the report of the special committee."
So, we appear to remain where we were, with the recommendation of the state bar to the special committee last spring being that home pages be required to comply with all general Florida Bar advertising rules, except the filing requirements. On subpages, lawyers would be able to post all the verifiable information they want. I have reviewed the situation with Page1.
The entire opinion is posted on the Florida Supreme Court site. There was a lot of revision to language, but nothing in it, as best as I can see as a non-lawyer, affecting anything we do or have planned.
posted by
Harlan Schillinger
at
10:56 AM
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