Thursday, August 27, 2009

Louisiana Updates Attorney Advertising Rules

On Aug. 19, 2009, U.S. District Court Judge Martin L.C. Feldman signed a Judgment, in keeping with the Order and Reasons issued on Aug. 3 ruling on cross motions for summary judgment. The Judgment upholds most of the challenged provisions of the Louisiana advertising rules scheduled to go into effect on Oct. 1, 2009.

The Judgment grants the defendants’ Motions for Summary Judgment as to:

Rule 7.2 (c) (1) (D) – References to Testimonials of Past Results

Rule 7.2 (c) (1) (E) – Communications that Promise Results

Rule 7.2 (c) (1) (J) – Portrayal of a Judge or Jury

Rule 7.2 (c) (1) (L) – Use of Mottos that State or Imply An Ability to Obtain Results

Rule 7.2 (c) (1) (I) – Non-Authentic Scenes

Rule 7.2(c)(10) – Disclosures and Disclaimers

Rule 7.2(c)(11) and Rule 7.6(c)(3) – Payment by Non-Advertising Lawyer and Electronic Mail Communications

The Judgment grants the plaintiffs’ Motions for Summary Judgment in part and enjoins the defendants from enforcing:

Rule 7.5(b)(2)(C) – Additional Disclosure Requirements for a Non-lawyer Spokesperson

Rule 7.6(d) – Internet Advertising, and Rule 7.7 (as it applies to the filing requirements for Internet advertising).

Read the court ruling here.

No comments: