Maybe we need laws against frivolous legislation. Tomorrow, the Florida Legislature may consider a bill that would make it illegal to advertise in “a manner that solicits legal business for a profit by urging a person to consider bringing legal action against another.”
- Yep: “Thou Shalt Not Incite Litigation!” I don’t know if inciting mediation is okay.
As explained in an article from the Miami Daily Business Review (“Fla. Lawmakers May Vote Today to Curb Lawyer Advertising,” by Matthew Haggman, 03-23-2004; via Law.com Daily NewsWire), the legislation was passed by the House Judiciary Committee last week, and
It defines “solicit” as meaning “to entreat, request or urge another to use the services of an attorney or a law firm.”
“The bill gives the Florida attorney general’s office standing, along with The Florida Bar, to bring a complaint against a lawyer or law firm for violating the provision.” [It proposes a civil penalty of $1,000 for the initial offense and $2,000 for each subsequent offense.]
The bill’s primary sponsor is state Rep. David Simmons, R-Altamonte Springs, “an attorney who has handled personal injury cases. He argues that The Florida Bar has failed to effectively police its members when it comes to advertising.” The bill, like a similar one covering medical negligence cases, asserts that attorney advertising has “created a crisis in this state’s judicial system.” The article notes that “the sponsors offer no empirical evidence for that controversial claim.”
The lengthy article details some of the constitutional, regulatory and political issues raised by the bill. It notes that “Elizabeth Clark Tarbert, the Bar’s ethics counsel, said her organization had no comment on the legislation.” It wouldn’t be fair or fun for skepticalEsq to lampoon this legislation — it’s just too easy. I wonder what Walter or Ted has to say. Evan‘s take should also be interesting.
- The Florida ethics Rules for Lawyer Advertising are perhaps already the most restrictive in the nation. See Rule 4-7.1 to 4-7.11.
Update (03-23-04): Walter Olson, wrote to me via email, that he was alarmed to see Florida lawyers arguing that only the judicial branch of government can regulate lawyers. I agree with W.O. that such a position (besides being incorrect as a matter of law) will likely make lawyers look like an arrogant super-caste, asserting the sole right to police themselves..