The Florida Bar must really want to muzzle the 800 pit bull ads that it helped make famous
in disciplinary proceedings against the firm Pape & Chandler. FBA has drafted Barry Richard
— a Florida giant in the field of appellate law — to pursue its crusade against the purportedly
deceptive and undignified lawyer advertising. Richard is a partner at the Tallahassee firm of
Greenburg Traurig, and is perhaps best known for his nationally televised argument on behalf
of President Bush before the Florda Supreme Court in the Election 2000 Bush-Gore litigation.
As we explained more fully here:
The Honorable Judge William W. Herring presided over the matter as Referee
and ruled that neither the 1 (800) PITBULL number, nor P&C’s logo (depicting
the head of a pit bull in a spiked collar) are deceptive or otherwise violative of
the Rules Regulating the Florida Bar; furthermore, the State’s lawyer advertising
rules are unconstitutional restrictions on commercial speech as applied here by
The Florida Bar.
We think this case will backfire on the censors at the Florida Bar — we put our money on Pape
& Chandler and the First Amendment.
update (8 PM): Tim Chinaris of sunEthics has written to remind us that Barry Richard un-
successfully represented the Florida Bar in the Mason v. Florida Bar (11th Cir. 2002) Attorney
Steven G. Mason used an ad that stated “AV rated, the Highest Rating [in the] Martindale-
Hubbell National Legal Directory.” FBA said the ad violated an ethical rule prohibiting
“self-laudatory” advertising, and insisted Mason include a disclaimer that Martindale-
Hubbell does not rate all lawyers and that the ratings are exclusively based upon information
from confidential sources. (see 1st Amendment Law Center for a good summary of Mason)
After losing at the 11th Circuit, Richard is quoted saying, “I admit that this case was at the
edge of the envelope.” This time, the Florida Bar has again gone over the edge.
spring breeze–
two samurai
attend the dog
after plastering
the gate with fleas
the dog runs off
the dog
braces himself…
snowball!
ISSA, translated by David G. Lanoue
December 10, 2004
fla. bar sics a giant on the pit bull
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