Even with a disclaimer, a law firm ad may not use an actor portraying a judge who recommends the law firm, according to The Florida Bar’s Standing Committee on Advertising.
Nor, the committee said at its Nov. 8 meeting, can a former judge use the title of “retired circuit judge” or “private judge” or “trial resolution judge” in ads for his or her practice, which includes availability to sit as a private judge as allowed in state law.
The committee addressed those and several other issues at the meeting.
The actor playing a judge was part of a TV ad proposed by a law firm that handles traffic ticket cases. The ad would have a disclaimer saying it was not a real judge but an actor.
The committee had concerns because the actor judge would be recommending the law firm, something judicial canons prohibit in real life.
Attorney Mark Gold, who submitted the ad, argued that the committee had allowed actors to portray police officers in other ads. He also said the disclaimer removed any chance the public would be misled that a real judge was appearing.
“The Bar has no evidence anecdotal or otherwise that this is misleading,” he said.
But Bar Advertising Counsel Elizabeth Tarbert said Bar staff had rejected the ad because the actor judge was doing something a real judge could not do: endorse a law firm.
“Use of an actor to portray a judge would lead the public to believe judges are in a position to endorse a law firm, and under the Code of Judicial Conduct, they can’t,” she said.
She added that Bar staff found that misleading because “it is a portrayal of an event that will not occur.”
The committee voted 2-1 to uphold Bar staff. Gold said he will appeal to the Bar board of governors and, if unsuccessful there, might seek a remedy in federal court.
The other “judicial” matter involved a former judge who offers to sit as a private judge in civil cases where both parties agree to that option. The lawyer inquired about using three different titles as part of his advertising, but Bar staff recommended against any of them.
Tarbert said Bar rules allow former judges to truthfully say in their ads that they once sat on the bench, but prohibit using the word “judge” as a title, including “former judge” or “retired judge.”
The committee voted 3-0 to uphold the Bar staff.
On other issues, the committee:
• Agreed that a letter from a law firm offering to send recipients a “safety magazine,” which was also prepared by the law firm and advertises the firm’s services, is a direct mail solicitation and must comply with the relevant Bar rules.
• Split on whether a lawyer referral service that has purchased the naming rights to a radio station must identify itself as a referral service if its name is used as part of the station identification during FCC required station breaks.