Florida Bar Committee on Advertising rules texting is impermissible solicitation

Last year I posted a comment on an Advisory Opinion of the Ohio Board of Commissioners on Grievances and Discipline which states that Ohio lawyers are not prohibited from soliciting potential clients via text messages. See here. 

In contrast to that opinion, Legal Ethics in Motion is reporting that the Florida Bar Committee on Advertising recently held that a law firm’s proposed texting campaign was impermissible solicitation analogous to inappropriate phone calling or telemarketing to attract clients.  The committee apparently rejected the law firm’s argument that texting is similar to direct mail or email advertising, which is permissible if done in accordance with the Florida Bar’s rules.  Read more here.

UPDATE August 2015:  The Florida Bar Board of Governors rejected the Committee's analysis and recommendation.  Go here for the story.