Hugo E. Gomez Founder (Abogados Now): “How do you respond to attorneys who wonder if they need to submit thousands of ad iterations for approval in advance?”
Jonathan Grabb, Ethics Counsel (Florida State Bar): “It’s a common concern. We often receive filings with 50, 100, or even more ads submitted in a single filing, so it does happen. One specific issue we encounter frequently is with Google AdWords. These ads often have multiple headlines and descriptions that can be mixed and matched into hundreds or even thousands of combinations.
Attorneys sometimes submit these without specifying the exact combinations they plan to use. Unfortunately, under the current rules, each of these combinations is considered a separate advertisement and must be filed individually. The rules haven’t quite caught up to account for this type of dynamic ad creation yet.
Will this change in the future? It’s hard to say. Any adjustment would require action from the Board of Governors to update the rules. But for now, if your Google AdWords include non-exempt content, each combination technically qualifies as a separate ad and must be filed accordingly.”