Lawyer Advertising
New Lawyer Advertising Rules Now Effective (10/01/2009)
Under new Rule 7.7, lawyers are now obligated to file ALL non-exempt advertisements or unsolicited written communications with the LSBA prior to or concurrent with first use/dissemination of the advertisement/communication. A list of advertisements/communications that are exempt from the filing requirement can be found in new Rule 7.8. It should be noted, of course, that "exempt" does not necessarily mean "compliant" with the Rules - "exempt" means merely that the Rules leave the evaluation of compliance with the Rules to the individual lawyer.
In short, ALL advertisements and unsolicited communications-exempt and non-exempt-must be compliant with the Rules, or the lawyer risks potential professional discipline.
The Committee's policies prohibit evaluation of an actual/proposed specific advertisement/communication unless and until properly filed under the established procedure; as such, LSBA Ethics Counsel is unable to offer any form of informal/"off-the-record" "pre-screening" of specific advertisements/communications. However, we are pleased to offer our "No-Risk/No-Doubt Filing Policy": Any lawyer who is uncertain/unclear regarding whether an advertisement/communication is exempt from the filing requirement is strongly encouraged simply to file the item properly with LSBA Ethics Counsel, who will, in turn, be pleased to notify the lawyer and offer to terminate the filing, with full refund of the filing fee submitted, if the advertisement/communication is, in fact, exempt from filing. Hence, there is no risk of needlessly, unknowingly paying a filing fee for an exempt advertisement and no doubt left regarding whether or not something is required to be filed under the new Rules.
Instructions and information on the filing process (including a copy of the Filing Application Form needed for each advertisement that is filed) can be found below. All inquiries regarding the new Rules and/or filing of lawyer advertisements - and all filings of advertisements/communications - should be directed to LSBA Ethics Counsel at (504) 619-0144 or RLemmler@LSBA.org, 601 St. Charles Avenue, New Orleans, LA 70130.
New Rules - Post-Adoption/Pre-Effective Date Events
How to File Advertisements/Unsolicited Written Communications under New Rule 7.7
Filing Fees:
Payable to "Louisiana State Bar Association", for EACH separate/distinct advertisement/communication.
Optional Advance Written Advisory Opinion Process
$175.00
Filed at least 30 days prior to first use/dissemination
Regular Filings
$175.00
Filed prior to or concurrent with first use/dissemination
Late Filings
$275.00
Filed after first use/dissemination
Filing Forms:
Filing Application Form (required for all new filings)
Filing Application Addendum (required for filings of unsolicited written communications)
How the Evaluation Process Works Under New Rule 7.7
Internal Operating Procedures for Lawyer Advertising Evaluations Under Rule 7.7.
The LSBA's three (3) Lawyer Advertising Symposia held during October/November 2008 were well-attended and well-received. If you missed the chance to attend, please check this page often for updates, as additional seminars are being considered and may be held in the near future.
Thank You.
All questions and inquiries regarding the new lawyer advertising Rules and/or the filing/evaluation process may be directed to:
LSBA Ethics Counsel Richard P. Lemmler, Jr., Direct Line: (504) 619-0144, Telefax: (504) 598-6753.
Mailing Address:
Louisiana State Bar Association
Rules of Professional Conduct Committee
c/o LSBA Ethics Counsel
601 St. Charles Avenue
New Orleans, LA 70130-3404
Louisiana State Bar Association
601 St. Charles Avenue
New Orleans, LA 70130
(800) 421-LSBA(5722) / (504) 566-1600
