Supreme Court of Florida

____________

No. SC16-1470

____________

IN RE: AMENDMENTS TO THE RULES REGULATING THE FLORIDA 

BAR – SUBCHAPTER 4-7 (LAWYER REFERRAL SERVICES).

[March 8, 2018]

PER CURIAM.

The Florida Bar petitions this Court to amend the Rules Regulating the 

Florida Bar. We have jurisdiction. See art. V, § 15, Fla. Const.

The Bar proposes comprehensively amending rule 4-7.22 (Lawyer Referral 

Services), and amending or deleting five other rules as a result of those 

amendments. The Bar’s petition stems from In re Amendments to Rule Regulating 

the Florida Bar 4-7.22—Lawyer Referral Services, 175 So. 3d 779 (Fla. 2015),

where the Court rejected amendments to rule 4-7.22 proposed by the Bar and 

directed the Bar to propose amendments that “preclude Florida lawyers from 

accepting referrals from any lawyer referral service that is not owned or operated 

by a member of the Bar.” Id. at 781. The Court in that case found that the Bar had 

disregarded the findings of the Special Committee on Lawyer Referral Services

(Special Committee) in its July 2012 Final Report as to the potential harm 
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nonlawyer-owned for-profit referral services pose to the public. Id.1 In the report, 

the Special Committee concluded, after conducting an investigation into the 

regulation and practices of lawyer referral services in Florida, that for-profit lawyer 

referral services, particularly those that work in conjunction with other 

professionals or occupations and are not owned or operated by a member of the 

Bar, are more likely to run afoul of the Rules Regulating the Florida Bar and 

engage in activities that do not serve the public interest. Id. at 780-81. The Special 

Committee recommended greater regulation of lawyer participation in for-profit 

referral services and issued seven specific recommendations, the first of which 

provided: 

1. A lawyer shall not accept client referrals from any person, entity or 

service that also refers or attempts to refer clients to any other type of 

professional service for the same incident, transaction or 

circumstance, and shall furthermore be prohibited from referring a 

 

1. The Special Committee was tasked with the following:

[R]eviewing the current practices of lawyer referral services, 

reviewing all rules applicable to lawyer referral services, and 

reviewing any other regulations that may be applicable to lawyer 

referral services. Included within this charge is reviewing the issue of 

whether and to what extent The Florida Bar can directly regulate 

lawyer referral services. The [S]pecial [C]ommittee is charged with 

making recommendations to The Florida Bar Board of Governors 

regarding any changes to the Rules Regulating [t]he Florida Bar and 

any other action deemed necessary to protect the public and ensure 

compliance with the lawyer advertising rules.

In re Amend. to Rule Reg. the Fla. Bar 4-7.22—Lawyer Referral Services, 175 So. 

3d at 779 (second, third, and fourth alterations in original).
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client to any other professional service in consideration of the 

lawyer’s receipt of referrals from any lawyer referral service. 

Id. at 781.

The amendments proposed by the Bar in this case, despite the Court’s clear 

direction, do not preclude lawyers from accepting referrals from lawyer referral 

services that are not owned or operated by a member of the Bar. The proposed 

amendments instead address lawyer participation in “matching” and other similar 

services not currently subject to regulation by the Bar that connect prospective 

clients with lawyers. The proposed amendments to rule 4-7.22 establish a single 

regulatory scheme under which lawyer participation in such services is subject to 

the same restrictions as lawyer referral services, lawyer directories, and other like 

services in which lawyer participation is currently regulated. The Bar’s proposal 

prohibits lawyer participation in any service that connects prospective clients to 

lawyers for a fee, or any other type of benefit, unless the service complies with rule 

4-7.22 and all other applicable rules. 

In addition, the Bar proposes deleting or amending five other rules as a 

result of its proposed amendments to rule 4-7.22. Because lawyer directories are 

included in the proposed amendments to rule 4-7.22, the Bar proposes deleting rule 

4-7.23 (Lawyer Directory). It also proposes amending rules 4-7.12 (Required 

Content); 4-7.13 (Deceptive and Inherently Misleading Advertisements); 4-7.16 

(Presumptively Valid Content); 4-7.17 (Payment for Advertising and Promotion) 
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to include terminology consistent with the proposed amendments to rule 4-7.22. 

The Board of Governors approved the proposed amendments on a voice vote with 

one objection. Pursuant to rule 1-12.1(g), the Bar published formal notice of its 

intent to file a petition recommending amendments to the Bar Rules. The Court 

received eight comments and the Bar filed a response.

Having considered the Bar’s proposals, the comments filed, the Bar’s 

response, and having had the benefit of oral argument, the Court adopts the

amendments to the Rules Regulating the Florida Bar as proposed by the Bar. 

These amendments, though not consistent with our directive in In re Amendments 

to Rule Regulating the Florida Bar 4-7.22—Lawyer Referral Services, are 

necessary to ensure that all services that connect prospective clients to lawyers 

conform to the Rules Regulating the Florida Bar and operate in a manner 

consistent with the public interest. These amendments do not, however, resolve 

our concern with how some lawyer referral services operate in Florida, especially 

those that refer clients to other professionals and occupational disciplines for 

services arising from the same incident. The findings of the Special Committee on 

this matter are troubling and we continue to believe additional measures are needed

to ensure the public is not exposed to harm. We therefore direct the Bar to submit 

a petition within ninety days proposing amendments to rule 4-7.22, and any other 

rule necessary, to implement the Special Committee’s first recommendation.
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Accordingly, the Rules Regulating the Florida Bar are hereby amended as 

set forth in the appendix to this opinion. New language is underscored; deleted 

language is struck through. The amendments shall become effective on April 30, 

2018, at 12:01 a.m.

It is so ordered.

LABARGA, C.J., and PARIENTE, QUINCE, and POLSTON, JJ., concur.

LAWSON, J., concurs in part and dissents in part with an opinion, in which 

CANADY, J., concurs.

LEWIS, J., dissents. 

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE 

EFFECTIVE DATE OF THESE AMENDMENTS.

LAWSON, J., concurring in part and dissenting in part.

I fully agree with the majority’s decision to adopt the proposed rules in this 

case. I dissent from that portion of the opinion directing The Florida Bar to file a 

petition within ninety days proposing amendments to implement the Special 

Committee’s July 2012 recommendation to prohibit a Florida lawyer from 

accepting client referrals “from any person, entity or service that also refers or 

attempts to refer clients to any other type of professional service for the same 

incident, transaction or circumstance.” Majority op. at 2. The few individuals who 

still express support for this recommendation have identified only two entities to 

which the prohibition would apply (“411 Pain” and “Ask Gary,” both of which 

refer clients to legal and medical professionals) and have not identified a single 
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incident of misconduct by those entities or by any lawyer or medical professional

who takes referrals from those entities. Although I certainly recognize the 

potential mischief that could flow from doctor/lawyer cross-referral relationships, 

those relationships exist and appear to be common. I have not been able to discern 

any basis for concluding that Ask Gary’s or 411 Pain’s model of connecting an 

injured citizen to a lawyer—which this nearly six-year-old recommendation would 

prohibit—poses any danger not existent in direct doctor/lawyer referral 

relationships—which no one has ever suggested could or should be barred. 

Additionally, I would note that under the newly adopted rules, Florida lawyers will 

be prohibited from taking referrals from 411 Pain and Ask Gary if these entities 

refuse to cooperate with any Florida Bar inquiry into their practices. The same is 

true of all other “qualified providers” operating in Florida. Accordingly, these 

rules will give The Florida Bar a way to determine whether further regulation is 

needed in this area. I would wait until The Florida Bar has made that 

determination, based upon hard data rather than innuendo and supposition, and 

would trust the Bar’s conclusion (overwhelmingly supported) that it would be ill 

advised to adopt a rule based upon the now-outdated Special Committee 

recommendation. 

CANADY, J., concurs.
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Original Proceeding – Florida Rules Regulating the Florida Bar

Joshua E. Doyle, Executive Director, Michael J. Higer, President, Michelle R. 

Suskauer, President-elect, Michael S. Hooker, Chair, Carl B. Schwait, Past Chair, 

Board Review Committee on Professional Ethics, John Mitchell Stewart, Chair, 

Board Technology Committee, Lori S. Holcomb, Director, Division of Ethics and 

Consumer Protection, and Elizabeth Clark Tarbert, Ethics Counsel, The Florida 

Bar, Tallahassee, Florida,

for Petitioner

Bill Wagner, Tampa, Florida; Timothy P. Chinaris, on behalf of 1-800-411-PAIN 

Referral Service, LLC, Nashville, Tennessee; Charles A. Morehead III, on behalf 

of Broward County Bar Association, Sunrise, Florida; Charles D. Scott, St. 

Petersburg, Florida; Josh King, on behalf of Avvo, Inc., Seattle, Washington; Brad 

Salter and Robert J. Healy of Salter, Healy, LLC, St. Petersburg, Florida; and Tom 

Gordon, on behalf of Responsive Law, Washington, District of Columbia,

Responding with comments
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Appendix

RULE 4-7.12 REQUIRED CONTENT

(a) Name and Office Location. All advertisements for legal employment 

must include:

(1) the name of at least 1 lawyer, the law firm, the lawyer referral service if 

the advertisement is for the lawyer referral service, the qualifying provider if 

the advertisement is for the qualifying provider, or the lawyer directory if the 

advertisement is for the lawyer directory, responsible for the content of the 

advertisement; and

(2) the city, town, or county of 1 or more bona fide office locations of the 

lawyer who will perform the services advertised.

(b) Referrals. If the case or matter will be referred to another lawyer or law 

firm, the advertisement must include a statement to suchthis effect.

(c) - (d) [No Change]

Comment

Name of Lawyer or Lawyer Referral Service

All advertisements are required to contain the name of at least 1 lawyer who is 

responsible for the content of the advertisement. For purposes of this rule, 

including the name of the law firm is sufficient. A lawyer referral service, 

qualifying provider or lawyer directory must include its actual legal name or a 

registered fictitious name in all advertisements in order to comply with this 

requirement.

Geographic Location

[No Change]

Referrals to Other Lawyers

[No Change]
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Language of Advertisement

[No Change]

RULE 4-7.13 DECEPTIVE AND INHERENTLY MISLEADING

ADVERTISEMENTS

A lawyer may not engage in deceptive or inherently misleading advertising.

(a) [No Change]

(b) Examples of Deceptive and Inherently Misleading Advertisements. 

Deceptive or inherently misleading advertisements include, but are not limited to 

advertisements that contain:

(1) statements or information that can reasonably be interpreted by a 

prospective client as a prediction or guaranty of success or specific results;

(2) references to past results unless suchthe information is objectively 

verifiable, subject to rule 4-7.14;

(3) comparisons of lawyers or statements, words or phrases that 

characterize a lawyer's or law firm's skills, experience, reputation or record, 

unless such characterization is objectively verifiable;

(4) references to areas of practice in which the lawyer or law firm does not 

practice or intend to practice at the time of the advertisement;

(5) a voice or image that creates the erroneous impression that the person 

speaking or shown is the advertising lawyer or a lawyer or employee of the 

advertising firm. The following notice, prominently displayed would resolve 

the erroneous impression: “Not an employee or member of law firm”;

(6) a dramatization of an actual or fictitious event unless the dramatization 

contains the following prominently displayed notice: “DRAMATIZATION. 

NOT AN ACTUAL EVENT.” When an advertisement includes an actor 

purporting to be engaged in a particular profession or occupation, the 

advertisement must include the following prominently displayed notice: 

“ACTOR. NOT ACTUAL [ . . . . ]”;
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(7) statements, trade names, telephone numbers, Internet addresses, 

images, sounds, videos or dramatizations that state or imply that the lawyer 

will engage in conduct or tactics that are prohibited by the Rules of 

Professional Conduct or any law or court rule;

(8) a testimonial:

(A)regarding matters on which the person making the testimonial is 

unqualified to evaluate;

(B) that is not the actual experience of the person making the 

testimonial;

(C) that is not representative of what clients of that lawyer or law firm 

generally experience;

(D)that has been written or drafted by the lawyer;

(E) in exchange for which the person making the testimonial has been 

given something of value; or

(F) that does not include the disclaimer that the prospective client may 

not obtain the same or similar results;

(9) a statement or implication that The Florida Bar has approved an 

advertisement or a lawyer, except a statement that the lawyer is licensed to 

practice in Florida or has been certified pursuant to chapter 6, Rules Regulating 

the Florida Bar; or

(10) a judicial, executive, or legislative branch title, unless accompanied by 

clear modifiers and placed subsequent to the person’s name in reference to a 

current, former or retired judicial, executive, or legislative branch official 

currently engaged in the practice of law. For example, a former judge may not 

state “Judge Doe (retired)” or “Judge Doe, former circuit judge.” She may 

state “Jane Doe, Florida Bar member, former circuit judge” or “Jane Doe, 

retired circuit judge....”

Comment

Material Omissions

[No Change]
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Implied Existence of Nonexistent Fact

[No Change]

Predictions of Success

[No Change]

Past Results

The prohibitions in subdivisions (b)(1) and (b)(2) of this rule preclude 

advertisements about results obtained on behalf of a client, such as the amount of a 

damage award or the lawyer's record in obtaining favorable verdicts, if the results 

are not objectively verifiable or are misleading, either alone or in the context in 

which they are used. For example, an advertised result that is atypical of persons 

under similar circumstances is likely to be misleading. A result that omits 

pertinent information, such as failing to disclose that a specific judgment was 

uncontested or obtained by default, or failing to disclose that the judgment is far 

short of the client's actual damages, is also misleading. SuchThe information may 

create the unjustified expectation that similar results can be obtained for others 

without reference to the specific factual and legal circumstances. An example of a 

past result that can be objectively verified is that a lawyer has obtained acquittals 

in all charges in 4 criminal defense cases. On the other hand, general statements 

such as, "I have successfully represented clients," or "I have won numerous 

appellate cases," may or may not be sufficiently objectively verifiable. For 

example, a lawyer may interpret the words "successful" or "won" in a manner 

different from the average prospective client. In a criminal law context, the lawyer 

may interpret the word "successful" to mean a conviction to a lesser charge or a 

lower sentence than recommended by the prosecutor, while the average 

prospective client likely would interpret the words "successful" or "won" to mean 

an acquittal.

Rule 4-1.6(a), Rules Regulating the Florida Bar, prohibits a lawyer from 

voluntarily disclosing any information regarding a representation without a client's 

informed consent, unless one of the exceptions to rule 4-1.6 applies. A lawyer who 

wishes to advertise information about past results must have the affected client's 

informed consent. The fact that some or all of the information a lawyer may wish 

to advertise is in the public record does not obviate the need for the client's 

informed consent.
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Comparisons

[No Change]

Characterization of Skills, Experience, Reputation or Record

The rule prohibits statements that characterize skills, experience, reputation, or 

record that are not objectively verifiable. Statements of a character trait or 

attribute are not statements that characterize skills, experience, or record. For 

example, a statement that a lawyer is aggressive, intelligent, creative, honest, or 

trustworthy is a statement of a lawyer's personal attribute, but does not characterize 

the lawyer's skills, experience, reputation, or record. SuchThese statements are 

permissible.

Descriptive statements characterizing skills, experience, reputation, or a record 

that are true and factually verified are permissible. For example, the statement 

"Our firm is the largest firm in this city that practices exclusively personal injury 

law," is permissible if true, because the statement is objectively verifiable. 

Similarly, the statement, "I have personally handled more appeals before the First 

District Court of Appeal than any other lawyer in my circuit," is permissible if the 

statement is true, because the statement is objectively verifiable.

Descriptive statements that are misleading are prohibited by this rule. 

Descriptive statements such as "the best," "second to none," or "the finest" will 

generally run afoul of this rule, as such statements are not objectively verifiable 

and are likely to mislead prospective clients as to the quality of the legal services 

offered.

Aspirational statements are generally permissible as such statements describe 

goals that a lawyer or law firm will try to meet. Examples of aspirational words 

include "goal," "dedicated," "mission," and "philosophy." For example, the 

statement, "I am dedicated to excellence in my representation of my clients," is 

permissible as a goal. Similarly, the statement, "My goal is to provide high quality 

legal services," is permissible.

Areas of Practice

[No Change]
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Dramatizations

A re-creation or staging of an event must contain a prominently displayed 

disclaimer, "DRAMATIZATION. NOT AN ACTUAL EVENT." For example, a 

re-creation of a car accident must contain the disclaimer. A re-enactment of 

lawyers visiting the re-construction of an accident scene must contain the 

disclaimer.

If an actor is used in an advertisement purporting to be engaged in a particular 

profession or occupation who is acting as a spokesperson for the lawyer or in any 

other circumstances where the viewer could be misled, a disclaimer must be used. 

However, an authority figure such as a judge or law enforcement officer, or an 

actor portraying an authority figure, may not be used in an advertisement to 

endorse or recommend a lawyer, or to act as a spokesperson for a lawyer under 

Rulerule 4-7.15.

Implying Lawyer Will Violate Rules of Conduct or Law

Advertisements which state or imply that the advertising lawyers will engage 

in conduct that violates the Rules of Professional Conduct are prohibited. The 

Supreme Court of Florida found that lawyer advertisements containing an 

illustration of a pit bull canine and the telephone number 1-800-pitbull were false, 

misleading, and manipulative, because use of that animal implied that the 

advertising lawyers would engage in "combative and vicious tactics" that would 

violate the Rules of Professional Conduct. Fla. Bar v. PapeFla. Bar v. Pape, 918 

So. 2d 240 (Fla.2005).

Testimonials

[No Change]

Florida Bar Approval of Ad or Lawyer

An advertisement may not state or imply that either the advertisement or the 

lawyer has been approved by The Florida Bar. Such a statement or implication 

implies that The Florida Bar endorses a particular lawyer. Statements prohibited 

by this provision include, "This advertisement was approved by The Florida Bar." 

A lawyer referral service also may not state that it is a "Florida Bar approved 

lawyer referral service," unless the service is a not-for-profit lawyer referral service 

approved under chapter 8 of the Rules Regulating the Florida Bar. A qualifying 

provider also may not state that it is a "Florida Bar approved qualifying provider" 

or that its advertising is approved by The Florida Bar.
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Judicial, Executive, and Legislative Titles

This rule prohibits use of a judicial, executive, or legislative branch title, unless 

accompanied by clear modifiers and placed subsequent to the person’s name, when 

used to refer to a current or former officer of the judicial, executive, or legislative 

branch. Use of a title before a name is inherently misleading in that it implies that 

the current or former officer has improper influence. Thus, the titles Senator Doe, 

Representative Smith, Former Justice Doe, Retired Judge Smith, Governor 

(Retired) Doe, Former Senator Smith, and other similar titles used as titles in 

conjunction with the lawyer’s name are prohibited by this rule. This includes, but 

is not limited to, use of the title in advertisements and written communications, 

computer-accessed communications, letterhead, and business cards.

However, an accurate representation of one's judicial, executive, or legislative 

experience is permitted if the reference is subsequent to the lawyer's name and is 

clearly modified by terms such as “former” or “retired.” For example, a former 

judge may state “Jane Doe, Florida Bar member, former circuit judge” or “Jane 

Doe, retired circuit judge.”

As another example, a former state representative may not include 

"Representative Smith (former)" or "Representative Smith, retired" in an 

advertisement, letterhead, or business card. However, a former representative may 

state, "John Smith, Florida Bar member, former state representative.”

Further, an accurate representation of one's judicial, executive, or legislative 

experience is permitted in reference to background and experience in biographies, 

curriculum vitae, and resumes if accompanied by clear modifiers and placed 

subsequent to the person’s name,. For example, the statement "John Jones was 

governor of the State of Florida from [ . . . years of service . . . ]" would be 

permissible.

Also, the rule governs attorney advertising. It does not apply to pleadings filed 

in a court. A practicing attorney who is a former or retired judge shallmay not use 

the title in any form in a court pleading. If a former or retired judge uses her 

previous title in a pleading, she could be sanctionedA former or retired judge who 

uses that former or retired judge's previous title of "Judge" in a pleading could be 

sanctioned.
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RULE 4-7.16 PRESUMPTIVELY VALID CONTENT

The following information in advertisements is presumed not to violate the 

provisions of rules 4-7.11 through 4-7.15:

(a) [No Change]

(b) Lawyer Referral Services and Qualifying Providers. A lawyer referral 

service or qualifying provider may advertise its name, location, telephone number, 

the referral fee charged, its hours of operation, the process by which referrals or 

matches are made, the areas of law in which referrals or matches are offered, the 

geographic area in which the lawyers practice to whom those responding to the 

advertisement will be referred or matched. AThe Florida Bar's lawyer referral 

service or a lawyer referral service approved by The Florida Bar under chapter 8 of 

the Rules Regulating the Florida Bar also may advertise the logo of its sponsoring 

bar association and its nonprofit status.

Comment

[No Change]

RULE 4-7.17 PAYMENT FOR ADVERTISING AND PROMOTION

(a) [No Change]

(b) Payment for Referrals. A lawyer may not give anything of value to a 

person for recommending the lawyer's services, except that a lawyer may pay the 

reasonable cost of advertising permitted by these rules, may pay the usual charges 

of a lawyer referral service, lawyer directory, qualifying provider or other legal 

service organization, and may purchase a law practice in accordance with rule 4-

1.17.

(c) [No Change]

Comment

Paying for the Advertisements of Another Lawyer

[No Change]
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Paying Others for Recommendations

A lawyer is allowed to pay for advertising permitted by this rule and for the 

purchase of a law practice in accordance with the provisions of rule 4-1.17, but 

otherwise is not permitted to pay or provide other tangible benefits to another 

person for procuring professional work. However, a legal aid agency or prepaid 

legal services plan may pay to advertise legal services provided under its auspices. 

Likewise, a lawyer may participate in lawyer referral programs, qualifying 

providers, or lawyer directories and pay the usual fees charged by such programs, 

subject, however, to the limitations imposed by rules 4-7.22 and 4-7.23. This rule 

does not prohibit paying regular compensation to an assistant, such as a secretary 

or advertising consultant, to prepare communications permitted by this rule.

RULE 4-7.22 LAWYER REFERRAL SERVICESREFERRALS, 

DIRECTORIES AND POOLED ADVERTISING

(a) Applicability of Rule. A lawyer is prohibited from participation with any 

qualifying provider that does not meet the requirements of this rule and any other 

applicable Rule Regulating the Florida Bar.

(b) Qualifying Providers. A qualifying provider is any person, group of 

persons, association, organization, or entity that receives any benefit or 

consideration, monetary or otherwise, for the direct or indirect referral of 

prospective clients to lawyers or law firms, including but not limited to:

(1) matching or other connecting of a prospective client to a lawyer drawn 

from a specific group or panel of lawyers or who matches a prospective client 

with lawyers or law firms;

(2) a group or pooled advertising program, offering to refer, match or 

otherwise connect prospective legal clients with lawyers or law firms, in which 

the advertisements for the program use a common telephone number or website 

address and prospective clients are then matched or referred only to lawyers or 

law firms participating in the group or pooled advertising program;

(3) publishing in any media a listing of lawyers or law firms together in 

one place; or

(4) providing tips or leads for prospective clients to lawyers or law firms.
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(c) Entities that are not Qualifying Providers. The following are not 

qualifying providers under this rule:

(1) a pro bono referral program, in which the participating lawyers do not 

pay a fee or charge of any kind to receive referrals or to belong to the referral 

panel, and are undertaking the referred matters without expectation of 

remuneration; and

(2) a local or voluntary bar association solely for listing its members on its 

website or in its publications.

(ad) When Lawyers May Accept ReferralsParticipate with Qualifying 

Providers. A lawyer may not accept referrals from a lawyer referral service, and it 

is a violation of these Rules Regulating the Florida Bar to do so, unless the 

serviceparticipate with a qualifying provider as defined in this rule only if the 

qualifying provider:

(1) engages in no communication with the public and in no direct contact 

with prospective clients in a manner that would violate the Rules of 

Professional Conduct if the communication or contact were made by the 

lawyer;

(2) receives no fee or charge that constitutesis a division or sharing of fees, 

unless the qualifying provider is The Florida Bar Lawyer Referral Service or a 

lawyer referral service is a not-for-profit service approved by The Florida Bar 

pursuant to chapter 8 of these rules;

(3) refers, matches or otherwise connects prospective clients only to 

persons lawfully permitted to practice law in Florida when the services to be 

rendered constitute the practice of law in Florida;

(4) carries or requires each lawyer participating in the service to carry 

professional liability insurance in an amount not less than $100,000 per claim 

or occurrence;

(4) does not directly or indirectly require the lawyer to refer, match or 

otherwise connect prospective clients to any other person or entity for other 

services or does not place any economic pressure or incentive on the lawyer to 

make such referrals, matches or other connections;

(5) furnishesprovides The Florida Bar, on a quarterlyno less than an annual

basis, with the names and Florida bar membership numbers of all lawyers 
- 18 -

participating in the service unless the qualifying provider is The Florida Bar 

Lawyer Referral Service or a lawyer referral service approved by The Florida 

Bar pursuant to chapter 8 of these rules;

(6) furnishes The Florida Bar, on a quarterly basis, with the names of all 

persons authorized to act on behalf of the service;

(6) provides the participating lawyer with documentation that the 

qualifying provider is in compliance with this rule unless the qualifying 

provider is The Florida Bar Lawyer Referral Service or a lawyer referral 

service approved by The Florida Bar pursuant to chapter 8 of these rules;

(7) responds in writing, within 15 days, to any official inquiry by bar 

counsel when bar counsel is seeking information described in this subdivision 

or conducting an investigation into the conduct of the servicequalifying 

provider or a lawyer who accepts referrals from the serviceparticipates with the 

qualifying provider;

(8) neither represents nor implies to the public that the servicequalifying 

provider is endorsed or approved by The Florida Bar, unless the qualifying 

provider is The Florida Bar Lawyer Referral Service or a lawyer referral 

service is subjectapproved by The Florida Bar pursuant to chapter 8 of these 

rules;

(9) uses its actual legal name or a registered fictitious name in all 

communications with the public;

(10) affirmatively states in all advertisements that it is a lawyer referral 

service; and

(11) affirmatively states in all advertisements that lawyers who accept 

referrals from it pay to participate in the lawyer referral service

(10) affirmatively discloses to the prospective client at the time a referral, 

match or other connection is made of the location of a bona fide office by city, 

town or county of the lawyer to whom the referral, match or other connection 

is being made; and

(11) does not use a name or engage in any communication with the public 

that could lead prospective clients to reasonably conclude that the qualifying 

provider is a law firm or directly provides legal services to the public.
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(be) Responsibility of Lawyer. A lawyer who accepts referrals from a lawyer 

referral service is responsible for ensuring that any advertisements or written 

communications used by the service comply with the requirements of the Rules 

Regulating the Florida Bar, including the provisions of this subchapterparticipates 

with a qualifying provider:

(1) must report to The Florida Bar within 15 days of agreeing to participate 

or ceasing participation with a qualifying provider unless the qualifying 

provider is The Florida Bar Lawyer Referral Service or a lawyer referral 

service approved by The Florida Bar pursuant to chapter 8 of these rules; and

(2) is responsible for the qualifying provider’s compliance with this rule if:

(A) the lawyer does not engage in due diligence in determining the 

qualifying provider’s compliance with this rule before beginning 

participation with the qualifying provider; or

(B) The Florida Bar notifies the lawyer that the qualifying provider is 

not in compliance and the lawyer does not cease participation with the 

qualifying provider and provide documentation to The Florida Bar that the 

lawyer has ceased participation with the qualifying provider within 30 days 

of The Florida Bar’s notice.

(c) Definition of Lawyer Referral Service. A "lawyer referral service" is:

(1) any person, group of persons, association, organization, or entity that 

receives a fee or charge for referring or causing the direct or indirect referral of 

a potential client to a lawyer drawn from a specific group or panel of lawyers; 

or

(2) any group or pooled advertising program operated by any person, group 

of persons, association, organization, or entity wherein the legal services 

advertisements utilize a common telephone number or website and potential 

clients are then referred only to lawyers or law firms participating in the group 

or pooled advertising program.

A pro bono referral program, in which the participating lawyers do not pay a 

fee or charge of any kind to receive referrals or to belong to the referral panel, and 

are undertaking the referred matters without expectation of remuneration, is not a 

lawyer referral service within the definition of this rule.
- 20 -

Comment

Every citizen of the state should have access to the legal system. A person's 

access to the legal system is enhanced by the assistance of a qualified lawyer. 

Citizens often encounter difficulty in identifying and locating lawyers who are 

willing and qualified to consult with them about their legal needs. It is the policy 

of The Florida Bar to encourage qualifying providers to: (a) make legal services 

readily available to the general public through a referral method that considers the 

client's financial circumstances, spoken language, geographical convenience, and 

the type and complexity of the client's legal problem; (b) provide information 

about lawyers and the availability of legal services that will aid in the selection of a 

lawyer; and (c) inform the public where to seek legal services.

Subdivision (b)(3) addresses the publication of a listing of lawyers or law firms 

together in any media. Any media includes but is not limited to print, Internet, or 

other electronic media.

A lawyer may not participate with a qualifying provider that receives any fee 

that constitutes a division of legal fees with the lawyer, unless the qualifying 

provider is The Florida Bar Lawyer Referral Service or a lawyer referral service 

approved by The Florida Bar pursuant to chapter 8 of these rules. A fee calculated 

as a percentage of the fee received by a lawyer, or based on the success or 

perceived value of the case, would be an improper division of fees. Additionally, a 

fee that constitutes an improper division of fees occurs when the qualifying 

provider directs, regulates, or influences the lawyer's professional judgment in 

rendering legal services to the client. See e.g. rules 4-5.4 and 4-1.7(a)(2). 

Examples of direction, regulation or influence include when the qualifying 

provider places limits on a lawyer’s representation of a client, requires or prohibits 

the performance of particular legal services or tasks, or requires the use of 

particular forms or the use of particular third party providers, whether participation 

with a particular qualifying provider would violate this rule requires a case-by-case 

determination.

Division of fees between lawyers in different firms, as opposed to any 

monetary or other consideration or benefit to a qualifying provider, is governed by 

rule 4-1.5(g) and 4-1.5(f)(4)(D).

If a qualifying provider has more than 1 advertising or other program that the 

lawyer may participate in, the lawyer is responsible for the qualifying provider’s 

compliance with this rule solely for the program or programs that the lawyer agrees 

to participate in. For example, there are qualifying providers that provide a 
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directory service and a matching service. If the lawyer agrees to participate in only 

one of those programs, the lawyer is responsible for the qualifying provider’s 

compliance with this rule solely for that program.

A lawyer who participates with a qualifying provider should engage in due 

diligence regarding compliance with this rule before beginning participation. For 

example, the lawyer should ask The Florida Bar whether the qualifying provider 

has filed any annual reports of participating lawyers, whether the qualifying 

provider has filed any advertisements for evaluation, and whether The Florida Bar 

has ever made inquiry of the qualifying provider to which the qualifying provider 

has failed to respond. If the qualifying provider has filed advertisements, the 

lawyer should ask either The Florida Bar or the qualifying provider for copies of 

the advertisement(s) and The Florida Bar’s written opinion(s). The lawyer should 

ask the qualifying provider to provide documentation that the provider is in full 

compliance with this rule, including copies of filings with the state in which the 

qualifying provider is incorporated to establish that the provider is using either its 

actual legal name or a registered fictitious name. The lawyer should also have a 

written agreement with the qualifying provider that includes a clause allowing 

immediate termination of the agreement if the qualifying provider does not comply 

with this rule.

A lawyer participating with a qualifying provider continues to be responsible 

for the lawyer’s compliance with all Rules Regulating the Florida Bar. For 

example, a lawyer may not make an agreement with a qualifying provider that the 

lawyer must refer clients to the qualifying provider or another person or entity 

designated by the qualifying provider in order to receive referrals or leads from the 

qualifying provider. See rule 4-7.17(b). A lawyer may not accept referrals or 

leads from a qualifying provider if the provider interferes with the lawyer’s 

professional judgment in representing clients, for example, by requiring the referral 

of the lawyer’s clients to the qualifying provider, a beneficial owner of the 

qualifying provider, or an entity owned by the qualifying provider or a beneficial 

owner of the qualifying provider. See rule 4-1.7(a)(2). A lawyer also may not 

refer clients to the qualifying provider, a beneficial owner of the qualifying 

provider, or an entity owned by the qualifying provider or a beneficial owner of the 

qualifying provider, unless the requirements of rules 4-1.7 and 4-1.8 are met and 

the lawyer provides written disclosure of the relationship to the client and obtains 

the client’s informed consent confirmed in writing. A lawyer participating with a 

qualifying provider may not pass on to the client the lawyer’s costs of doing 

business with the qualifying provider. See rules 4-1.7(a)(2) and 4-1.5(a).
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RULE 4-7.23 LAWYER DIRECTORY

(a)Definition of Lawyer Directory. A lawyer directory is any person, group 

of persons, association, organization, or entity that receives any consideration, 

monetary or otherwise, given in exchange for publishing a listing of lawyers 

together in one place, such as a common Internet address, a book or pamphlet, a 

section of a book or pamphlet, in which all the participating lawyers and their 

advertisements are provided and the viewer is not directed to a particular lawyer or 

lawyers. A local or voluntary bar association that lists its members on its website 

or in its publications is not a lawyer directory under this rule. This rule does not 

apply to traditional telephone directories.

(b) When Lawyers May Advertise in a Directory. A lawyer may not 

advertise in a directory unless the directory:

(1) engages in no communication with the public and in no direct contact 

with prospective clients in a manner that would violate the Rules of 

Professional Conduct if the communication or contact were made by the 

lawyer;

(2) receives no fee or charge that constitutes a division or sharing of fees;

(3) lists only persons lawfully permitted to practice law in Florida when the 

services to be rendered constitute the practice of law in Florida;

(4) responds in writing, within 15 days, to any official inquiry by bar 

counsel when bar counsel is seeking information described in this subdivision 

or conducting an investigation into the conduct of the directory or a lawyer 

who pays to be listed in the directory;

(5) neither represents nor implies to the public that the directory is 

endorsed or approved by The Florida Bar;

(6) uses its actual legal name or a registered fictitious name in all 

communications with the public; and

(7) affirmatively states in all advertisements that it is a legal directory or 

lawyer directory.

(c) Responsibility of Lawyer. A lawyer who advertises in a lawyer directory 

is responsible for ensuring that any advertisements or written communications used 

by the directory comply with the requirements of the Rules Regulating the Florida 
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Bar, and that the directory is in compliance with the provisions of this subchapter. 

It is a violation of these Rules Regulating the Florida Bar and a failure of such 

responsibility if the lawyer knows or should have known that the directory is not in 

compliance with applicable rules or if the lawyer failed to seek information 

necessary to determine compliance.