This summer, the Florida Bar Board of Governors reversed an earlier ruling banning the use of text messages to solicit potential clients. The Board of Governors found that text messages are similar to email communications, which have been allowed.
To past muster, the first line of the text message must begin with and clearly state it is a “legal advertisement.” The text must also include a statement of the lawyer’s qualifications and how the recipient’s information was obtained. If the text communication is about a particular matter, it must contain language stating that if the prospective client is already represented by an attorney, the text message should be disregarded.
The lawyer must “pay any costs the recipient incurs from getting the texts, and the recipient also has to have the ability to refuse to receive subsequent texts.” Any lawyer sending a text solicitation must also “all other legal requirements, abiding by all federal and state laws.” And like other solicitations involving significant car accidents, lawyers must wait at least 30 days before sending the text solicitation.
We will likely see this method of solicitation be approved by more states in the future. Stay tuned.
For more information, check out this article in the Orlando Sentinel.