Louisiana Rules of Prof’l Conduct R. 7 (2008) available by clicking here

Brief Summary
Louisiana Rule of Professional Conduct, Rule 7, has been amended to restrict attorney advertising, including a requirement that most advertisements be approved by a State Bar Committee.

Complete Summary
The Louisiana Supreme Court has amended Rule 7 of the Rules of Professional Conduct (“RPCs”). The new Rule 7 adds restrictions to attorney advertising and solicitation, and will take effect December 1, 2008. The amendments are detailed and should be reviewed first-hand by lawyers who may be governed by them.

Under new Rule 7.7, lawyers are required to submit advertisements to the Louisiana State Bar Association Rules of Professional Conduct Committee (the “Committee”) for approval. Lawyers who submit an advertisement at least 30 days before the advertisement is to be disseminated may obtain an advisory opinion from the Committee concerning compliance of the advertisement. Otherwise submission must occur, at the latest, concurrently with dissemination of the advertisement.

If the Committee notifies a lawyer that the advertisement is not in compliance with Rule 7, the lawyer will have 10 days to notify the Committee that the advertisement “has not and will not be disseminated,” before the Committee will report the lawyer to the Office of Disciplinary Counsel. RPC 7.7(g) (emphasis added). This rule is arguably ambiguous as to whether a lawyer who has disseminated a non-complying advertisement, but who discontinues the advertisement within 10 days of notice from the Committee, may be subject to discipline. If such lawyers may be subject to discipline, then any lawyer who does not get an advertisement pre-approved (via advisory opinion), disseminates an advertisement at his or her own risk.

New Rule 7.8 creates exemptions to the filing and review requirements of Rule 7.7. The main exemption involves advertisements that contain only the limited content described in new Rule 7.2(b). The content described in Rule 7.2(b) ranges from standard information about office locations or lawyer employment history to more specific information such as foreign language ability and salutations such as “happy holidays.”

Regardless of whether advertisements are subject to the filing and review requirements of Rule 7.7, certain information is required under new Rule 7.2(a) in all advertisements. All advertisements and solicitations must contain both the name of at least one lawyer and the location of a bona fide law office.

Finally, the new rules contain a number of specific restrictions on the content of advertisements. For example, advertisements must not involve portrayal of a judge or jury, or a reenactment of events. RPC 7.2(c)(1).

Significance of Rule

As the Federal Trade Commission noted in a comment to the Committee, the new Rule 7 may overburden some lawyers. [Letter from Maureen K. Ohlhausen, Director, Office of Policy Planning (Federal Trade Commission), to Richard Lemmler, Jr., Esq., Ethics Counsel, Rules of Professional Conduct Committee, Louisiana State Bar Association, available by clicking here]. Whether such burdens violate First Amendment free speech protection — as was the case with certain provisions of New York’s recently amended advertising rules — is yet to be seen. See Alexander v. Cahill, Slip Copy, 2007 WL 2120024 (N.D.N.Y.), appeal pending, available by clicking here.

This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.

Register Now for the Eighth Annual Legal Malpractice & Risk Management Conference and receive a 10% Early Bird Discount before December 1, 2008

March 4-6, 2009

The Westin Chicago River North Hotel
320 North Dearborn
Chicago, Illinois

Attend the industry's premier annual event focused on current and important developments in the law and litigation of malpractice claims, legal malpractice insurance and risk management strategies. Each conference panel examines recent case law and significant developments throughout the last year. One and one-half days will be devoted to legal malpractice (March 4-5), and one and one-half days will be devoted to risk management (March 5-6). The conference will be held in Chicago at The Westin Chicago River North Hotel.

Earn up to 13.75 hours of CLE credit including up to 5.50 ethics credit!

Conference Topics

Legal Malpractice Sessions (March 4-5)
• Guess Where You Are Being Sued — Bankruptcy Court
• What You Need to Know About Developments in Litigating Legal Malpractice Claims
• Beyond the Basics — Selecting and Using Expert Witnesses
• Insurance Law — Prior Knowledge and Additional Negligence Claims
• Statutory Causes of Action — Consumer Protection Statutes
• Can I Say What Really Happened?
• Stump the Panel

Legal Malpractice/Risk Management Cross-Over Sessions (March 5)
• In the Spotlight — The Exposure of Patent Lawyers
• The Insurance Marketplace
• How to Mitigate Your Damage Exposure as a Defendant

Keynote Address (March 5)
• The Debate Over the Billable Hour: A Rigorous Look at Competing Law Firm Profitability Models

Risk Management Sessions (March 5-6)
• The General Counsel Forum
• Plaintiff’s Perspective — Red Flags and Selection Criteria
• Risk Management and Electronic Advertising — Websites and E-mail
• Going, Going, Gone: Lawyers Who Leave and the Firms Left Behind
• On the Horizon — MJP, Alternative Business Structures, and Alternative Billing

Registration Fees
$1,300 for the Entire Conference — March 4-6
$925 for the Legal Malpractice Sessions Only — March 4-5
$925 for the Risk Management Sessions Only — March 5-6

Discounts (maximum 15% discount)
Returning registrants receive 5% off the conference price
Multiple registrants receive 15% off when another colleague from the same company registers (one full paid registrant required)
Early birds receive 10% until December 1, 2008

For more information, please visit www.LMRM.com or click here to Register Online Now! To speak with the Conference Planner, Katherine McCormack, please call 312-704-3329.