Which older Florida ethics opinions on lawyer advertising and solicitation are no longer good authority?
Apply this to your situation
This page answers the general question as of 1986. Ezel answers yours: whether it's allowed on your facts, under the current Florida Rules of Professional Conduct, with citations.
Plain-English summary
This is a housekeeping opinion. The committee identified a set of its prior opinions, all relating to some aspect of advertising and solicitation, and withdrew them as obsolete. The opinion does not state new guidance; it simply removes the listed opinions from circulation as authority. The withdrawn opinions span the early 1960s through the late 1970s, the period before the Supreme Court's decision in Bates v. State Bar of Arizona (1977) and the rule changes that followed reshaped the law of lawyer advertising.
Currency note
This opinion was issued in 1986, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: What did Opinion 86-7 actually do?
A: It withdrew a list of older committee opinions, all relating to advertising or solicitation, as obsolete. It did not announce a new rule.
Q: Why were those opinions withdrawn?
A: The opinion characterized them as obsolete. They predate the modern advertising rules adopted after the constitutional protection recognized in Bates, so they no longer reflected current authority.
Background and rules framework
The opinion addresses the body of advertising and solicitation rules (Florida Rules 4-7.1 through 4-7.3 / Model Rules 7.1-7.3 in their then-current numbering). It is best read alongside the line of cases beginning with Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which extended commercial-speech protection to truthful lawyer advertising and prompted bars to revise opinions issued under the older, more restrictive regime.
Citations and references
Rules of Professional Conduct:
- Fla. Rules 4-7.1 to 4-7.3 / Model Rules 7.1-7.3 (advertising and solicitation)
Other opinions cited:
- The withdrawn opinions are listed in the reproduced text below.
See also
- FL Bar Ethics Op. 86-9: Donating Legal Services for a Charity Auction
- FL Bar Ethics Op. 86-1: 'Associates' in a Law Firm Name
Source
- Landing page: https://www.floridabar.org/etopinions/etopinion-86-7/
- Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-86-7-1.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
FLORIDA BAR ETHICS OPINION
OPINION 86-7
October 15, 1986
Advisory ethics opinions are not binding.
Certain prior opinions of the Committee, all involving some aspect of advertising or solicitation, are withdrawn as obsolete.
The following opinions all of which relate to some aspect of advertising and solicitation, are withdrawn as obsolete:
60-4 65-29 68-48
60-15 65-33 68-59
61-21 65-47 68-60
61-25 65-65 69-16
61-35 65-67 69-18
61-38 & Supp. 66-3 70-2
62-22 66-18 70-54
62-38 66-19 71-11
62-70 66-33 71-51
63-29 66-50 71-54
63-36 66-65 71-56
64-4 66-73 72-25
64-54 66-81 73-33
64-55 67-33 74-3
65-5 67-45 74-51
65-6 68-22 75-22
65-9 68-24 76-14
65-28 68-25 77-21
80-10
Get today's answer for your situation
You just read a 1986 opinion on this question. Ezel checks the current Florida Rules of Professional Conduct and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.