Matter of the Florida Bar

319 So. 2d 1, 1975 Fla. LEXIS 3958
CourtSupreme Court of Florida
DecidedOctober 3, 1975
Docket46801
StatusPublished
Cited by6 cases

This text of 319 So. 2d 1 (Matter of the Florida Bar) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of the Florida Bar, 319 So. 2d 1, 1975 Fla. LEXIS 3958 (Fla. 1975).

Opinion

319 So.2d 1 (1975)

In the matter of the FLORIDA BAR, Petitioner.

No. 46801.

Supreme Court of Florida.

October 3, 1975.
Rehearing Denied October 7, 1975.

James A. Urban, President, Orlando, J. Rex Farrior, Jr., President-elect, Tampa, Marshall R. Cassedy, Executive Director; Norman A. Faulkner, Staff Counsel; Wilson J. Foster, Jr., Asst. Staff Counsel, Earl B. Hadlow, Jacksonville, and William H. Shields, Fort Myers, for The Florida Bar, petitioner.

E.N. Stephens, Jr., Pensacola, Julian R. Benjamin of Cassel & Benjamin, Miami, Bill Wagner, and William T. Moore, South Miami, for amicus curiae.

Per Curiam

We have for consideration the Petition of The Florida Bar for the amendment of the Integration Rule by adding thereto Article XXI — Florida Designation Plan — authorizing members of The Florida Bar to inform the public concerning the areas of law practice in which such members have substantial experience or education. Their Petition also requests certain revisions of the Code of Professional Responsibility to be amended so as not to conflict with the plan, after which The Florida Bar would amend its bylaws to set forth the plan.

After due notice, the Court has heard argument on the Petition in which the Bar presented its proposed plan as indicated in their recommended changes of the bylaws and several members of The Florida Bar appearing pursuant to notice have presented argument in opposition to the plan. Having heard such argument and having reviewed the record, it is the opinion of the Court that the Petition should be granted after certain revisions as will hereinafter appear.

Accordingly, the Integration Rule of The Florida Bar is amended by adding thereto the following:

INTEGRATION RULE OF THE FLORIDA BAR

ARTICLE XXI

FLORIDA DESIGNATION PLAN

1. The Board of Governors of The Florida Bar may establish a plan allowing members of The Florida Bar to inform the public concerning areas of law practice in which such members have substantial experience or education, such plan and any future amendments thereto to become effective when approved by the Court.

2. The Board of Governors may enact such bylaws as it deems necessary and proper to establish and regulate such a plan, to become effective when approved by the Court.

3. The Board of Governors may require those who wish to participate in such a plan to pay a reasonable fee to The Florida Bar to be approved by the Court at periodic intervals. The funds derived from such fees shall be deposited in a segregated *2 account of The Florida Bar to be used exclusively for purposes related to the plan.

The Code of Professional Responsibility is revised to provide:

EC 2-14 In some instances a lawyer confines his practice to a particular field of law. In the absence of state controls to insure the existence of special competence Except as permitted in DR 2-105, a lawyer should not be permitted to hold himself out as a specialist or as having special training or ability, other than in the historically excepted fields of admiralty, trademark, and patent law.

DR 2-101 Publicity in General.

(a) A lawyer should not prepare, cause to be prepared, use, or participate in the use of, any form of public communication that contains professionally self-laudatory statements calculated to attract lay clients, as. As used herein,: (1) "public communication" includes, but is not limited to, communication by means of television, radio, motion picture, newspaper, magazine, or book. (2) "self-laudatory statements" shall not include statements made pursuant to DR 2-105.

(b) A lawyer shall not publicize himself, his partner, or associate as a lawyer through newspaper or magazine advertisements, radio or television announcements, display advertisements in city or telephone directories, or other means of commercial publicity, nor shall he authorize or permit others to do so in his behalf except as permitted under DR 2-103. and DR 2-105. This does not prohibit limited and dignified identification of a lawyer as a lawyer as well as by name:

(1) In political advertisements when his professional status is germane to the political campaign or to a political issue.

(2) In public notices when the name and profession of a lawyer are required or authorized by law or are reasonably pertinent for a purpose other than the attraction of potential clients.

(3) In routine reports and announcements of a bona fide business, civic, professional, or political organization in which he serves as a director or officer.

(4) In and on legal documents prepared by him.

(5) In and on legal textbooks, treatises, and other legal publications, and in dignified advertisements thereof.

(C) A lawyer shall not compensate or give any thing of value to representatives of the press, radio, television, or other communication medium in anticipation of or in return for professional publicity in a news item.

DR 2-102 Professional Notices, Letterheads, Offices and Law Lists.

(A) A lawyer or law firm shall not use professional cards, professional announcement cards, office signs, letterheads, telephone directory listings, law lists, legal directory listings, or similar professional notices or devices, except that the following may be used if they are in dignified form:

(1) A professional card of a lawyer identifying him by name and as a lawyer, and giving his addresses, telephone numbers, the name of his law firm, and any information permitted under DR 2-105. A professional card of a law firm may also give the names of members and associates. Such cards may be used for identification but may not be published in periodicals, magazines, newspapers, or other media.

(2) A brief professional announcement card stating new or changed associations or addresses, change of firm name, or similar matters pertaining to the professional office of a lawyer or law firm, which may be mailed to lawyers and other persons with whom he has already established such personal relations as would reasonably justify the belief that he enjoys the friendship and confidence of such person to such extent that the person receiving the announcement will consider it news of genuine interest and value. It shall not state biographical data except to the extent reasonably necessary to identify the lawyer or to explain the change in his association, but it may state the immediate past position of the lawyer. It may give the names and dates of predecessor firms in a continuing line of succession. It shall not *3 state the nature of the practice except as permitted under DR 2-105.

(3) A sign on or near the door of the office and in the building directory identifying the law office. The sign shall not state the nature of the practice, except as permitted under DR 2-105.

(4) A letterhead of a lawyer identifying him by name and as a lawyer, and giving his addresses, telephone numbers, the name of his law firm, associates and any information permitted under DR 2-105. A letterhead of a law firm may also give the names of members and associates, and names and dates relating to deceased and retired members. A lawyer may be designated "Of Counsel" on a letterhead if he has a continuing relationship with a lawyer or law firm, other than as a partner or associate. A lawyer or law firm may be designated as "General Counsel" or by similar professional reference on stationery of a client if he or the firm devotes a substantial amount of his or its professional time in the representation of that client.

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Related

In Re Amendments to Rules Reg. Bar-Advertising
971 So. 2d 763 (Supreme Court of Florida, 2007)
Loenco v. Londonderry, et al.
D. New Hampshire, 1998
Florida Bar Re Amendment to Integration Rule
399 So. 2d 1385 (Supreme Court of Florida, 1981)
Florida Bar
398 So. 2d 1358 (Supreme Court of Florida, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
319 So. 2d 1, 1975 Fla. LEXIS 3958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-the-florida-bar-fla-1975.