BAR RULES · ANALYSIS
What an automated first reply may say, and what it may not
Every intake system sends one message more than any other: the reply that goes out when someone writes in. At a law firm that message is advertising under Chapter 4-7. Here is what it can say and still be safe, sentence by sentence.
We are not attorneys and this is not legal advice. It is a reading of Rules 4-7.13 and 4-7.15 of the Rules Regulating The Florida Bar as they apply to a template, so that the template your firm approves is one your Bar counsel can approve too.
Why the first reply is advertising
Rule 4-7.11 applies the advertising rules to every form of communication about a lawyer’s services, including communication sent on the lawyer’s behalf by a vendor. A text that says "Thanks for reaching out to Westside Injury Law, we can help" is a communication about a lawyer’s services. So it is advertising, and the firm is responsible for it, whether a paralegal typed it or a system sent it at 9:41 PM.
The sentence that is always safe
The reply may confirm that the firm handles this kind of matter and offer a time to talk. "We received your message about your accident. An attorney can speak with you tonight or first thing tomorrow. Which works better?" That is an offer of a consultation, not a prediction, a comparison, or a promise. It does not evaluate the case, quote a fee, or describe a result.
THE TEST
The sentences that are not
- "We will win your case." A prediction of results, which Rule 4-7.13(b)(1) treats as inherently misleading. Also "we will get you the money you deserve" and "you have a strong case." A system that has read one form knows nothing about the case.
- "Miami’s best injury lawyers." A comparison that cannot be substantiated. Rule 4-7.13 lists unsubstantiated comparisons and characterizations of quality among the misleading statements.
- "Cases like yours settle for $50,000 or more." A dollar figure presented as what a case is worth, with no basis. It is a prediction and a misleading implication in one sentence.
- "Don’t wait, the insurance company is already working against you." Rule 4-7.15 prohibits advertising that is unduly manipulative, including appeals to fear directed at someone in a vulnerable state. A person who was rear-ended an hour ago is exactly who the rule protects.
- "You are now represented by our firm." Not a Bar advertising problem, a different problem: it reads as though an engagement has begun before any conflict check or fee agreement. A reply is a reply, not a retainer.
The Spanish version is advertising too
A template that is fine in English and, in a rough translation, promises "vamos a ganar su caso" is a Rule 4-7.13 problem in Spanish. The Spanish templates need the same review as the English, by someone who reads both. Machine translation is not review.
How this is built into the system
Every automated message in LegalCRM.pro is a template an attorney at the firm approves before it can send, and the library ships with no predictions, no comparisons, no dollar figures, and a calm tone by default. The firm can edit the wording. What it cannot do is send a message nobody approved. The approval is on record, which is what Rule 4-7.11 makes useful: when the question is "who said that," the answer is a name and a date.
The full account of which rules the automations are scoped to, and what stays the firm’s, is on the Advertising Compliance page.
Questions we get asked about this
Can an automated reply say the consultation is free?
Yes, if it is. A free consultation is a fact about the firm's terms, not a prediction or a comparison. What it cannot do is pair that with pressure ("call now, before it is too late") or a promise about the case.
Who is responsible if the template says the wrong thing?
The firm, under Rule 4-7.11, whether the message was typed by staff or sent by a system. That is why every template in LegalCRM.pro is approved by an attorney at the firm before it can send, and the approval is recorded.
Related
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