The Florida Bar Board of Governors decided that texting potential clients is not impermissible in person solicitation,
but rather permissible written communication that constitutes advertising. Of course, the text message must comply with Florida’s advertising regulations for direct mail and email advertisements. The decision reversed an opinion of Florida’s Standing Committee of Advertising in which it had found texting to be impermissible in person solicitation akin to directing telephoning potential clients.
The Florida Bar Board of Governors dismissed the concern that texts are more intrusive than emails or snail mail by responding that individuals will be able to opt out of receiving texts from a firm.
Just another indication that technology has invaded the practice of law.
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