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Board backs court over 'announcers' in lawyer radio and TV ads: members also must be notified before current ethics or advertising opinions are withdrawn.


There's no difference under Florida Bar The Florida Bar is the mandatory state bar association for the state of Florida. It is the third largest such bar association in the United States. Its duties include the regulation and discipline of attorneys.  advertising rules between an "announcer" and a "spokesperson" when it comes to the person delivering a lawyer's radio or TV ad, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the Bar Board of Governors.

The board, considering several ethics ethics, in philosophy, the study and evaluation of human conduct in the light of moral principles. Moral principles may be viewed either as the standard of conduct that individuals have constructed for themselves or as the body of obligations and duties that a  and advertising issues at its recent meeting in Coconut Grove, also approved a policy change that Bar members must be notified before current ethics or advertising opinions are withdrawn.

The advertising issue addressed whether announcers on National Public Radio who read spots for attorneys and law firms This list of the world's largest law firms by revenue is taken from The Lawyer and The American Lawyer and is ordered by 2006 revenue:[1]
  1. Clifford Chance, £1,030.2m – International law firm (headquartered in the UK);
  2. Linklaters, £935.
 that sponsor NPR NPR

In currencies, this is the abbreviation for the Nepal Rupee.

Notes:
The currency market, also known as the Foreign Exchange market, is the largest financial market in the world, with a daily average volume of over US $1 trillion.
 programming have to identify themselves as nonlawyers. Bar ad rules require that nonlawyer spokespersons in electronic ads must say they are not attorneys.

In its last filing on ad rule amendments, the Bar had advocated that the disclaimer (networking) disclaimer - Statement ritually appended to many Usenet postings (sometimes automatically, by the posting software) reiterating the fact (which should be obvious, but is easily forgotten) that the article reflects its author's opinions and not necessarily those of the  could be omitted in ads--such as the NPR spots--where it was obvious the announcer was not a lawyer, but the Supreme Court rejected that rule. The justices did, however, invite the Bar to submit more information on the topic.

"They liked having a bright line rule. They said the rule as it is is very clear," Bar Ethics Counsel Elizabeth Elizabeth, sister of King Louis XVI of France
Elizabeth, 1764–94, sister of King Louis XVI of France, known as Madame Elizabeth. Deeply loyal to her brother, she remained in France during the French Revolution, suffered imprisonment, and was
 Tarbert Tarbert may mean the following places:
  • Tarbert, Argyll and Bute the town at the northern end of the Kintyre peninsula, Argyll, Scotland
  • Tarbert, Jura, on the east coast of the Isle of Jura, Scotland
 told the board.

[ILLUSTRATION OMITTED]

Board member Laird laird  
n. Scots
The owner of a landed estate.



[Scots, from Middle English lard, variant of lord, owner, master; see lord.
 Lile said the rule refers to spokespersons, and there is a distinguishable difference between spokespersons and announcers.

"I would like for this board to consider the actual wording of the rule," he said.

[ILLUSTRATION OMITTED]

But Tarbert and board member Jennifer Jennifer became a common first name for females in English-speaking countries during the 20th century. The name Jennifer is a Cornish variant of Guinevere, deriving ultimately from Proto-Celtic *windo-seibaro- "white ghost", via Brythonic *wino-hibirā (cf.  Coberly, chair of the Board Review Committee on Professional Ethics professional ethics,
n the rules governing the conduct, transactions, and relationships within a profession and among its publics.

professional ethics liability,
n 1.
 which reviews advertising appeals for the board, said there has been no previous interpretation that announcers and spokespersons are different and the rule doesn't appear to support that stance.

Board member Ervin Gonzalez said while the case before the board did appear to be a technical violation of the rule, "to think someone would be disciplined for this would really concern me."

The board voted 29-9 to uphold up·hold  
tr.v. up·held , up·hold·ing, up·holds
1. To hold aloft; raise: upheld the banner proudly.

2. To prevent from falling or sinking; support.

3.
 the BRCPE recommendation that the announcer must identify himself or herself as a nonlawyer.

The board voted the same way on a similar appeal at its August meeting, but will likely be seeing the issue again. The Standing Committee on Advertising in September, on another similar advertising case, voted 4-3 that the Bar ad rule did not cover an announcer reading a sponsorship spot on radio. The committee itself had voted the other way on a different case earlier in the year, but two new members have joined the panel since then.

The committee reviewed its September vote at its October 9 meeting (four days after the Board of Governors met), but declined to reverse that action. Tarbert told the committee she would probably ask the board to review the committee's action, since it was contrary to the board's votes and the committee's earlier votes.

On the ethics policy matter, the board approved the committee's recommendation that Bar policies be changed to require that Bar members be notified and have an opportunity to comment before existing ethics and advertising opinions are withdrawn. That change becomes effective 30 days after the board's vote.

The issue gained attention recently when the Professional Ethics Committee decided to withdraw an opinion dealing with a criminal defense lawyer's duty when he or she learns their client is using a false name. The committee cited revised Bar rules, withdrew the opinion, and began work on a revised opinion.

But criminal defense lawyers, including public defenders public defender, governmental official who represents indigent persons accused of crime. U.S. Supreme Court decisions expanding the right to counsel to pretrial proceedings and holding that a person cannot be sentenced to even one day in jail unless a lawyer was , objected and said they should have been notified before the opinion was withdrawn.

On another matter, Coberly told the board the BRCPE is studying what information to present to the court on lawyer advertising to other lawyers and current or former clients. In the last advertising rule amendments sent to the court, the Bar proposed moving a rule comment to the body of the rules, which provided that communications to other lawyers, as well as past and current clients, be exempted from the advertising rules (although other Bar rules still would apply).

But the Supreme Court refused to adopt that change and also struck the comment from the rule. That, and language in the court's opinion, led the board to recently conclude that lawyer-to-lawyer communications, as well as communications with past and present clients, are covered by the advertising rules. That means many of those communications must be submitted to the Bar for review. It also means in such communications lawyers cannot characterize the quality of their services, use client testimonials, or appear to promise results.

The board, while deciding that such communications are covered by the rules, also voted to have a moratorium A suspension of activity or an authorized period of delay or waiting. A moratorium is sometimes agreed upon by the interested parties, or it may be authorized or imposed by operation of law.  on enforcement while it attempts to clarify the issue with the court. Coberly said the committee is working on what to present to the court.

The board also heard an appeal from a Standing Committee on Advertising opinion that a lawyer could not use the phrase, "Make your one shot at compensation count," in an ad because it appeared to promise results. The BRCPE recommended, and the board agreed, that the wording was allowable under ad rules.

By Gary Blankenship

Senior Editor
COPYRIGHT 2007 Florida Bar
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2007 Gale, Cengage Learning. All rights reserved.

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Author:Blankenship, Gary
Publication:Florida Bar News
Date:Nov 1, 2007
Words:840
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