Florida Bar Ban On Touting Past Results In Attorney Advertising Targeted By Lawsuit

Suit

Attorney ROBERT RUBENSTEIN has filed suit in the Southern District of FLORIDA, MIAMI Division against the FLORIDA Bar, challenging the new ban on referencing past results in lawyers' radio and TV ads.

LAW360 reports that the suit is looking to enjoin enforcement of the provision of the FLORIDA Rules of Professional Conduct that RUBENSTEIN alleges violates the First Amendment and caused the Bar to revoke its approval of his TV ads that touted the monetary awards his clients won.  He asserts that the Bar does not have evidence to support the idea that making claims of past results in ads presents a high risk of misleading consumers.

The suit, which also names the Bar's MIAMI Chief Branch Discipline Counsel ARLENE K. SANKEL as a defendant, is the second filed against the rule, following a similar suit brought against the bar earlier this year by SEARCY DENNEY SCAROLA BARNHART & SHIPLEY PA.  RUBENSTEIN is being represented by GUPTA BECK PLLC's GREGORY A. BECK.

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