The Florida Bar has proposed wholesale changes to Florida’s attorney advertising rules — changes designed to comply with Constitutional limits on the Bar’s ability to regulate attorney speech.
Regulating attorney speech in lieu of standing up for the First Amendment has been a cornerstone of state bar associations, and the Florida Bar’s regulation of lawyer advertising is the most restrictive in the nation. The basis for regulating what attorneys can say about themselves is — in layman’s terms — an exercise in protecting the public from lawyers. That the Florida Bar’s new rules claim to consider the Constitution as a partner rather than an enemy of regulating lawyers is a step in the right direction. Bar associations should be as interested in the future of the legal profession as they are in acting as a consumer protection agency.
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