Font Size: 
Fla. Bar Association Sued Over Ban on Client Testimonials
The National Law Journal
April 02, 2009
A national consumer advocacy agency has filed a lawsuit against The Florida Bar challenging the constitutionality of its ban on client testimonials in attorney advertising.
Washington, D.C.-based Public Citizen, which was founded by Ralph Nader, filed the suit this week in the U.S. District Court for the Southern District of Florida on behalf of Boca Raton, Fla., attorney Joel B. Rothman. The case stems from Rothman's use of the online lawyer directory Avvo, which not only lists attorneys but also ranks them on a scale of one to 10 and gives clients an opportunity to review attorneys.
Rothman has a profile on the site -- where he has a perfect 10 ranking -- and he encouraged several former clients to review his work. But when Rothman checked with The Florida Bar to see if the client reviews on the third-party Web site were allowed, the bar assocation in September told him that the solicitation of client reviews violated the Bar's advertising rules, said Public Citizen attorney Greg Beck.
Rothman appealed the decision to the Florida Bar Board of Governors, but it also found that the Avvo reviews violated the rules.
According to Beck, Avvo refused to remove the reviews from the site, and Rothman could face disciplinary action by The Florida Bar for soliciting the reviews from former clients. The lawsuit argues that The Florida Bar's rules violate the attorneys' free speech because it holds them accountable for client posts on Web sites that the attorneys don't control. The plaintiff is asking the court to rule that The Florida Bar's advertising rules are unconstitutional.
Beck also said the advertising rules hurt consumers, which is the reason that Public Citizen has gotten involved.
"Reviews from past clients, whether positive or negative, can tell consumers a lot about a lawyer," Beck said. "Restricting this information makes it more difficult for consumers to choose which lawyer to hire. It also gives lawyers less reason to compete by providing high-quality legal services." Officials from The Florida Bar did not return calls on Wednesday or comment on the lawsuit.
It's not the first time that Public Citizen has opposed restrictions on attorney advertising. The group joined a lawsuit challenging New York's ban on certain attorney advertising, and won an injunction in July against some of the restrictions -- which included client testimonials. That case is currently on appeal. Additionally, Public Citizen has challenged the constitutionality of attorney advertising rules slated to go into effect in Louisiana in December.
