Law firm websites and marketing materials often list attorneys with the title "of counsel." This can be a valuable signal to potential clients — conveying experience, depth, and access to specific knowledge. But when done incorrectly, it can also raise red flags with the Florida Bar.
Why accuracy matters when showcasing your legal team online!
If your site or promotional materials associate of counsel attorneys with practice areas they don't actively handle, you may be violating Florida Bar rules — even if it's unintentional.
What the Rules Say
Under Florida Bar Rule 4-7.13, any communication about legal services must be "truthful and not misleading." A firm cannot imply that an attorney handles certain types of cases unless that is accurate and current.
Likewise, Rule 4-7.21(e) governs law firm names and letterheads — and by extension, websites. It permits the "of counsel" designation only when there is a close, personal, and ongoing relationship between the attorney and the firm.
Why This Matters
Even if your firm legitimately handles complex litigation, criminal defense, or medical malpractice, listing all those areas next to an of counsel attorney's name — when they don't actually practice in them — could be misleading. And that's enough to trigger a compliance issue with the Florida Bar.
It may even lead to unauthorized practice of law concerns, especially if the of counsel attorney is not licensed in Florida or in a particular specialty area.
Best Practices for Compliance
- 1. Clearly separate firm-wide practice areas from individual attorney bios.
- 2. In each of counsel attorney's description, specify the actual areas of law they focus on.
- 3. If necessary, include a simple disclaimer like: "Attorney X serves as of counsel to the firm and focuses exclusively on estate planning and trust administration."
- 4. Avoid pairing a list of all firm services directly with an of counsel attorney unless they actively contribute to each area.
