Lawyer Advertising & Solicitation Rules -
as Effective 10/01/2009
Under Rule 7.7, lawyers are obligated to file ALL non-exempt advertisements and unsolicited written communications with the LSBA Rules of Professional Conduct Committee, through LSBA Ethics Counsel, prior to or concurrent with first use/dissemination of the advertisement/communication.
"Filing": Please note that an advertisement/communication is not considered "filed" until it has been actually received and "clocked-in" by LSBA Ethics Counsel, i.e., the date an item is placed within the mail to be sent to the LSBA generally does not constitute the date of "filing." Please note, also, that "filings" are NOT accepted via email or fax.
To be "concurrent", a "filing" must be received by the LSBA no later than the
date of first use/dissemination of the advertisement/communication (i.e.,
typically, received by the LSBA on the same day as first use/dissemination).
"exempt" from the filing requirement can be found in 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 do not require filing with the LSBA but still
impose upon the individual lawyer the obligation to reasonably ensure compliance
with the Rules.
In short, ALL advertisements and unsolicited communications-exempt and non-exempt-must be compliant with the Rules, or the lawyer risks potential professional discipline.
- Questions, comments or suggestions regarding the lawyer advertising and solicitation Rules, the advertising filing and evaluation process, etc., may be directed to:
Richard P. Lemmler, Jr., Ethics Counsel, Louisiana State Bar Association, 601 St. Charles Avenue, New Orleans, LA 70130; toll free: 1-800-421-LSBA (5722), ext. 144; direct dial: (504) 619-0144; fax: (504) 598-6753.