Legislature sets sights on lawyer advertising.

A bill requiring advertising lawyers--including out-of-state attorneys who advertise in Florida--to file an affidavit that they are following Florida Bar advertising rules has cleared a Senate committee.

SB 192, introduced by Sen. Skip Campbell, D-Tamarac, cleared the Senate Judiciary Committee by an 8-0 vote on March 9 following a debate and testimony by Bar President Kelly Overstreet Johnson and Bar Unlicensed Practice of Law Counsel Loft Holcomb.

Campbell, a lawyer and former member of the Bar Board of Governors, said the bill requires lawyers to file an affidavit that they have read the Bar advertising rules and are following them.

"I believe it will bring some stability back to practicing law and it will bring back some professionalism to the practice of law," Campbell said. "It allows reasonable advertising in a constitutional way that will not demean the practice of law."

The bill would require the affidavit be filed with the broadcaster or publisher of the lawyer ad, and the publisher in turn would be required to forward the ad and affidavit to the Bar within 30 days. A second provision requires out-of-state lawyers who advertise in Florida to file an affidavit that certifies they have read the Florida rules and are complying with them. Also, lawyer referral services must disclose that lawyers pay to belong to the service and that the service itself does not provide legal assistance.

Holcomb said the bill will reach lawyers who are outside the Bar's jurisdiction. Those include attorneys licensed in other jurisdictions but who practice before the IRS, immigration court, or other federal venues where they are allowed to appear without being licensed in Florida. Those lawyers are not bound by the restrictions of Florida Bar rules because they are not licensed here, and frequently violate those rules, she said.

Johnson told the committee that The Florida Bar has the toughest advertising regulations in the country and is always looking for ways to make them more stringent. She also noted the Board of Governors, at its April 8 meeting, will be considering further...