The Louisiana State Bar Association has presented a final draft of rules on attorney advertising and solicitation to the Louisiana Supreme Court. Here are some of the dos and don’ts when it comes to the rules of professional conduct. To view the entirety of the proposed rules and other related information, visit lsba.org/committees/ethicrulescomments.asp.
YEAS
• Advertise via phone books, legal directories, newspapers, periodicals, billboards, radio, television, Internet and any written communication.
• Honor any special prices 90 days from the date of the last advertisement unless it specifies a shorter period. If ad is in a phone book, advertised fee must be honored at least a year following the publication.
• Disclose whether the client will be liable for any costs or expenses in addition the fee, when ad includes info on attorney fees.
• Spokesmen can be used if they’re not easily recognizable to the public, and if spokesman discloses that he’s not a lawyer
• Wait at least 30 days before mailing unsolicited communication for business from a prospective client concerning a personal injury or wrongful death action.
• Clearly mark unsolicited written communication “ADVERTISEMENT” in a print size at least as large as the largest font used, as well as on the lower left corner of the face of the envelope.
• Disclose to a prospective client how the lawyer obtained the info prompting the unsolicited written communication.
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NAYS
• Misleading or deceptive advertising.
• Promise of results.
• Paid testimonials by a non-client or the re-enactment of any events or scenes or pictures that are not actual or authentic.
• Portrayals of a judge or jury, a lawyer by a non-lawyer, a law firm as a fictionalized entity, the use of a fictitious name to refer to lawyers not associated together in a law firm.
• Resemblances to a legal pleading, notice, contract or other legal document.
• Nicknames, monikers, mottos or trade name that states or implies an ability to obtain results in a matter.
• Misleading visual or verbal portrayals and illustrations.
• Implications of board certification or expertise unless certified by the state Board of Legal Specialization or by another state bar.
• Misleading background sounds (such as police sirens)
• Have spokesmen speaking in the ad who aren’t members of the law firm speaking on behalf of the law firm.
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