How to Comply With Florida Bar Rule 4-7.13 When Advertising “No Fee Unless We Win” in 2026
Florida Bar Rule 4-7.13 allows “no fee unless we win” ads in 2026 only if your language is not misleading and clearly discloses client costs. Florida continues to scrutinize contingency-fee marketing for implied guarantees and hidden expenses. This guide explains compliant phrasing, required disclosures, examples, and a practical review checklist for Florida law firms.
Why Florida Bar Rule 4-7.13 Matters for “No Fee Unless We Win” Advertising
“No fee unless we win” is one of the most effective marketing messages for personal injury, wrongful death, medical malpractice, and other contingency-fee practices. It is also one of the easiest ways to trigger an ethics problem in Florida because consumers often interpret the phrase to mean they will pay nothing under any circumstance—no attorney’s fee, no case expenses, and no costs even if the case is lost.
Florida Bar Rule 4-7.13 governs advertisements that describe fees and costs, including contingency-fee representations. The rule’s core theme is simple: if your ad discusses price, you must do it in a way that is not misleading and that clearly communicates what the client may still owe (for example, costs) even if no recovery is obtained.
What Rule 4-7.13 Generally Requires (2026 Practical Summary)
Rule 4-7.13 is not merely about whether a contingency fee is permissible; it is about whether the advertising claim accurately describes how your firm charges fees and expenses. In practice, Florida firms most often face issues in three areas:
1) Do not imply the client will owe nothing if the case is lost unless that is true
An ad that says “No fee unless we win” can be misleading if the client may still be responsible for litigation costs or expenses (e.g., filing fees, expert fees, deposition transcripts, medical records). If the client might owe costs, the ad should clearly say so.
2) Clearly distinguish “attorney’s fees” from “costs/expenses”
Consumers frequently conflate the two. Florida regulators expect lawyers to be explicit: “no attorney’s fee” is different from “no costs.” If the firm advances costs but the client may be obligated to reimburse them from a recovery—or potentially even after an unsuccessful outcome depending on the contract—your ad needs to reflect that arrangement accurately.
3) Avoid wording that creates unjustified expectations
Even if your cost disclosure is solid, “we win” language can morph into an implied guarantee if paired with aggressive results messaging. The compliance goal is to keep the statement grounded: you charge a contingency fee if there is a recovery, and you do not charge an attorney’s fee if there is no recovery—subject to the truthful disclosure of costs.
Key Compliance Concept: “No Fee Unless We Win” Is a Fee Claim—and Must Be Qualified
Florida treats “No fee unless we win” as a fee advertisement because it communicates how and when the lawyer is paid. Under Rule 4-7.13, fee claims must not omit material information. In this context, the “material information” is typically whether the client is responsible for costs and under what circumstances.
Practical rule: If your engagement agreement makes the client responsible for costs (either regardless of outcome, or if there is a recovery, or in specific scenarios), your ad should not leave the impression that the client will pay nothing.
Compliant Language Examples (Use-and-Adapt Templates)
The safest approach is to pair the headline claim with a plain-English cost clarification near the claim (not buried at the bottom of a long page). Below are examples that Florida firms commonly use as a starting point; you should match the wording to your actual fee agreement.
Example A: Client owes no attorney’s fees if no recovery, but may owe costs
Headline: “No fee unless we win.”
Nearby disclosure: “You pay no attorney’s fee unless there is a recovery. Clients may be responsible for costs and expenses.”
Why it works: It separates fees from costs and avoids the “pay nothing” implication.
Example B: Firm advances costs and collects only from recovery
Headline: “No fee unless we win.”
Nearby disclosure: “No attorney’s fee unless we recover money for you. We advance costs, which are deducted from the recovery.”
Why it works: It explains the cost mechanics in a way a consumer can understand.
Example C: True “no fee and no costs if no recovery” (only if your contract truly does this)
Headline: “No fee unless we win.”
Nearby disclosure: “If there is no recovery, you owe no attorney’s fee and no costs.”
Why it works: If accurate, it is clear and not misleading. If not accurate, do not use it.
Example D: Spanish-language ad (Florida relevance)
Headline: “No cobramos honorarios a menos que ganemos.”
Nearby disclosure: “No hay honorarios de abogado si no hay recuperación. El cliente puede ser responsable por costos y gastos.”
Why it works: The same concepts must be disclosed in the language used for the ad so the disclosure is meaningful.
Common Pitfalls That Trigger Florida Bar Scrutiny
Pitfall 1: “Free unless we win” or “Pay nothing unless we win” without cost disclosure
“Free” and “pay nothing” are stronger than “no fee” and more likely to be interpreted as “no costs either.” If your client can owe costs, these phrases are risky unless you immediately clarify the costs arrangement with equal clarity.
Pitfall 2: Tiny-print or footer-only disclosures
If the disclosure is present but effectively hidden (small font, low contrast, only after multiple scrolls, only via an asterisk that users may never see), regulators may view the overall net impression as misleading. The closer the disclosure is to the claim—and the more readable it is—the safer the ad.
Pitfall 3: “We win” paired with results claims that imply a guarantee
“We win” language is often paired with “largest settlements,” “record verdicts,” or “we always get paid—because we always win.” Even if you have strong results, advertising cannot create unjustified expectations. Keep the message factual: you charge a fee only if there is a recovery; past results do not guarantee future outcomes.
Pitfall 4: Using contingency-fee language in practice areas where it’s uncommon
If you run “no fee unless we win” ads for non-contingency matters (many family law, criminal defense, immigration, transactional matters), your ad may be confusing or misleading unless you clearly limit the statement to the applicable case types.
Pitfall 5: Lead-gen and referral ads that misstate who charges what
If a marketing vendor or lead generator runs the ad, your firm can still be responsible for compliance. Make sure the ad reflects your fee model, and that any referral relationships are disclosed as required by other Florida advertising rules.
Where to Place Disclosures: Websites, PPC, Billboards, Social, and TV
Rule compliance is not only about what you say; it is also about how and where you say it. Different channels require different drafting discipline.
Law firm websites and landing pages
Place the cost disclosure close to the “no fee unless we win” claim—ideally in the same section and visible without scrolling on desktop and mobile. If you use an asterisk, ensure the corresponding disclosure is immediately adjacent, not buried in a general footer.
Google Ads / PPC headlines
Character limits make full disclosures difficult. A practical approach is to:
(1) Use compliant, limited phrasing in the ad copy (“No attorney fee unless recovery”).
(2) Put the fuller cost explanation on the landing page above the fold.
(3) Avoid “pay nothing” language unless it is strictly true.
Billboards
Billboards are space-constrained. If you cannot include a meaningful disclosure, consider using less absolute language (e.g., “No attorney fee unless recovery”) and ensure your website page associated with the campaign contains prominent cost disclosures. Avoid a design that makes the disclosure unreadable at driving distance.
Social media (Facebook/Instagram/TikTok)
If the post is an advertisement, treat it like one. Put a short disclosure in the caption or on-screen text (for videos) so viewers receive the qualifying information without needing to click “more.” If you use a reel, include the disclosure both spoken and displayed, or displayed long enough to be read.
TV and radio
Audio disclosures must be understandable at normal speed. If your script says “no fee unless we win,” the disclosure about costs should be spoken clearly and not rushed. For TV, on-screen text should be large, high-contrast, and on-screen long enough to read.
How to Align the Advertisement With Your Actual Fee Agreement
The easiest way to get into trouble is to advertise a simplified promise that doesn’t match your contract. Before approving creative, compare the ad language to the provisions in your contingency fee agreement addressing:
- Responsibility for costs (advanced by firm? reimbursed from recovery? owed if no recovery?)
- Timing of cost repayment (on settlement? on judgment? at disbursement?)
- What counts as “costs” (filing fees, experts, records, lien resolution services, etc.)
- Conditional scenarios (client termination, withdrawal,
