A lawyer in Florida is in trouble with the Florida Bar because he used a pit bull in his advertising material. The Florida Bar filed a complaint on March 2, 2021, alleging several violations of the Rules Regulating The Florida Bar.
The Pitbull Lawyer at Taylor Law
According to the complaint, Robert Laurence Pelletier is an of counsel lawyer with David Taylor Law. Mr. Pelletier advertised as the “Pitbull Lawyer at Taylor Law” on numerous platforms.
The platforms included online websites, blogs, Facebook, and an advertising wrap on a boat. He also used the name “Pitbull” on his business cards and Mr. Taylor’s office door.
The complaint states that Mr. Pelletier was informed on three dates of the violations of the Rules Regulating The Florida Bar. He was told to remove or correct them. The complaint alleges that he corrected the office door and business cards, but he failed to correct the other instances.
The complaint alleges that Mr. Pelletier did not remove the boat wrap until the grievance committee set the case for review. He only partially corrected his website.
What is Wrong with Using Pitbull in an Attorneys Advertisement?
The Florida Supreme Court has ruled on this matter in a previous case.
In a 2005 case, the Supreme Court ruled that the use of “Pit Bull” and a pit bull’s image harmed the legal profession. It stated that using the phrase and image in advertising did not assist the public in making an informed decision before hiring an attorney.
The order stated that devices that invoke the breed of dog known as pit bull demeans lawyers. Therefore, it harms the legal professional and the public’s confidence and trust in the justice system.
Specific Violations of the Regulations
The complaint against Mr. Pelletier sets forth in detail the specific Rules that the Florida Bar alleges Mr. Pelletier violated with his “Pitbull” advertisements.
The alleged violations are:
- Rule 4-7.12 Required Content
- Rule 4-7.13 Inherently and Deceptive Misleading Advertisements
- Rule 4-7.15 Unduly Intrusive or Manipulative Advertisements
- Rule 4-7.17 Payment for Advertising and Promotion
- Rule 4-7.19 Evaluation of Advertisements
The Florida Bar is asking the court to discipline Mr. Pelletier according to the provisions of the Rules Regulating The Florida Bar.
Lawyers Have Strict Rules Regarding Advertising
Marketing and advertising are important tools for attorneys to generate business. However, the need to generate business is weighed against the public interest.
For example, misleading and false claims intended to solicit business violate the public interest. Attorneys and law firms must ensure that all statements and claims can be verified.
Each state sets ethics rules for attorney advertising within the state. The ethics rules for advertising vary by state. The Ethics and Advertising Department of The Florida Bar produced a Handbook on Lawyer Advertising and Solicitation to help lawyers avoid mistakes and errors in advertising that could lead to an ethics complaint.
Some states may not allow an attorney or law firm to make a comparative statement, while other states may not have specific rules regarding these states. You might not be able to claim to be the best personal injury law firm in one state, but you could in another state. Likewise, many states prohibit lawyers from claiming to be experts if they do not hold a specialty certification in that specific area of law.
Attorneys and law firms are responsible for researching and abiding by the ethics rules in each state in which they advertise. For national law firms, advertising can be challenging. Local law firms only need to know the ethics laws that govern advertising in their state.
Check Before You Pay for Advertising Material
A comprehensive advertising campaign can be expensive. If you hire a firm to create and design a marketing campaign, the cost increases. Before investing your time and funds into marketing and advertising, review the ethics rules and guidelines for attorney and law firm advertising.
Even a small, solo practitioner can spend a significant amount of money on business cards, letterhead, website design, and other advertising materials. You do not want to spend the money to find out that it all must be changed because it violates ethics rules for advertising.
Whenever you are in doubt, submit your material to the Ethics and Advertising Department of The Florida Bar for consideration. If there is a problem with your advertising or marketing campaign, it is better to catch it before launching the campaign or using the advertising materials. You do not want to face an ethics complaint and potential disciplinary actions.Read More