Comments on: The Florida Bar won’t let lawyer promise to help you get rid of “that vermin you call a spouse”

By: David Giacalone

David Giacalone — Sun, 01 Apr 2007 10:55:32 +0000

Thanks for covering this issue again, Carolyn. One quibble from me: as I suggest here, the Florida Bar (like its cousins across the nation) dislike both the "offensiveness" of the Miller firm's ad and the fact that he is offering cheaper lawyering services that might drive down legal fees. For another example, see my post the Florida Bar and you the people, at SHLEP. There, sellers of do-it-yourself forms are the Bar's target (UPL and consumer protection excuses, of course). And, although the FBA says consumers who need to save money can find forms at courts and through the Bar, their website in no way directs the public to those options or to the helpful Self-help centers found in courthouses around the state.

By: Ed Poll

Ed Poll — Wed, 28 Mar 2007 06:49:30 +0000

Well written comment.

By: Ben Glass

Ben Glass — Tue, 27 Mar 2007 19:11:55 +0000

This is consistent with the Florida Bar’s continued trouncing of the First Amendment. I have faxes in my office from Florida lawyers where phrases such as “I guarantee you won’t have wasted your time (by reading my consumer guide) have been disallowed as ‘promising a result.’ In another letter, the bar said it would prosecute an attorney who said that he would “calm their concerns” in an initial free consultation. From everything I can see from the lawyers who send me stuff the Florida State Bar advertising committee seems to be a bunch who seek to justify their existence (and the Florida Bar’s outrageous advertising “review” fees that you are required to pay every time you want to run any promotional piece) by jealously being silly with the First Amendment. Each member of that committee would do well to read Professor Rodney Smolla’s new book, The Law of Lawyer Advertising (Thompson-West) before embarking on a single new review of a lawyer’s proposed advertising.
Ben Glass,
Fairfax, VA

By: Mike W.

Mike W. — Tue, 27 Mar 2007 18:13:29 +0000

Here’s the thing: even if he did say that he guaranteed that his clients would “get rid of” their spouses… that’s not misleading or deceptive. Why? Florida is a no-fault divorce state. Just about the only way to fail to get a divorce in this state is to never have been married in the first place.
The Florida Bar is out of control with its regulations on free speech.