Attorney Robert Rubenstein has sued the Florida Bar over its new and improved 2013 attorney advertising rules. Following the issuance of the new regulations, Rubenstein developed an advertising campaign that included information regarding past recoveries for clients. Consistent with the Florida Bar’s procedures, these ads were submitted for review, and the Florida Bar issued opinion letters which reported that the past performance advertisements complied with the revised Rules.

View an example of the advertisements in question at https://www.youtube.com/watch?v=MFjHTQF4dkQ

By early 2014, the Florida Bar issued new guidelines regarding advertising past results, and then the Bar notified Rubenstein that it was withdrawing its opinion letter on compliance. By March 2014, Rubenstein sued the Florida Bar on first amendment grounds.

In the instant case, heard by Federal Judge Beth Bloom, the Florida Bar challenged jurisdiction on the basis of standing and ripeness. Judge Bloom disagreed and denied the Florida Bar’s motion.”Plaintiffs have clearly demonstrated a very real threat of prosecution for engaging in their advertisement of past results.”  The slip opinion is available at 2014 WL 6610972.