SBN | Study Committee on Lawyer Advertising

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Rules & Filing for Lawyer Advertising

Last Updated April 1, 2009

Below are the rules for lawyer advertising in Nevada. If you are trying to advertise in Nevada Lawyer magazine, please visit the Nevada Lawyer page.

Link to the complete Lawyer Advertising Rules (PDF)

HOW TO FILE UNDER RPC 7.2A

Short answer:

Fill out the form & sign it, submit the original form plus one copy.
If mailing, provide 2 hard copies of print, or, DVDs/CDs of the ad plus the audio script (whichever applies).
If e-mailing, a scanned copy of the form and one attachment of the ad and script will suffice
“electronic form” can be a DVD, any commonly-used media player email attachment, or a scanned version of a hard copy print item. No VHS. If you aren’t sure, call the Administrator.
Submit to the Advertising Administrator within 15 days after first dissemination.
You will not get a response unless your ad is referred to Bar Counsel for a potential violation. Lack of response does not connote approval.
If you want your ad reviewed for compliance, you must submit an application under RPC 7.2B to the applicable Committee, in care of the Administrator, along with the appropriate fee. An advanced opinion of compliance is binding on all discipline panels, so long as all information provided to secure that opinion is true and not misleading.

Determine if your ad is a tombstone and therefore exempt. If not:

2. Obtain and fill out an RPC 7.2A filing form for each advertisement submitted.

Note that the attorney responsible for the advertisement must personally sign the form.

3. Submit the completed filing form, plus one copy, along with two copies of the advertisement itself, in regular and electronic format to the Advertising Administrator:

Jodi McKenzie, Paralegal

Advertising Administrator

State Bar of Nevada

600 E. Charleston Blvd.

Las Vegas, NV 89104

E-mail jodim@nvbar.org

Direct dial: (702) 317-1433

Fax: (702) 382-8747

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ELECTRONIC FORMAT

For the purposes of these rules, electronic format is defined as playable and transmittable on a computer. To comply with this requirement, you can use either email or a hard copy DVD/CD/Disc as follows:

1. E-mail

• TV/Radio: any commonly used media player format and the accompanying script of the audio (scanned, inserted text, Word, or WordPerfect )

• Print/Billboards: scanned, inserted text, Word, or WordPerfect

2. Hard copy

• DVD/CD: (two copies required) No VHS accepted. Hard Copy script of the audio can be on a disc.

If you choose the email option, don't forget to include a scanned copy of your RPC 7.2A filing form to comply with the rule. No additional hard copy mailing is then required.

You can obtain a waiver of the electronic format requirement from the Administrator for good cause. You must include the request on your form. Good cause shall be primarily limited to lack of means to physically comply such as no computer or email. RPC 7.2A.

Call or e-mail the Administrator if you have any questions.

Please see Advertising Committee Rule (ACR) 6 for more information

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APPROVAL – VOLUNTARY APPLICATION FOR PRE-APPROVAL

Please note that filing under RPC 7.2A is not an approval.

Advertisements filed under RPC 7.2A may be referred to Bar Counsel for review under SCR 105 if any potential violations are found, in which case you will be given notice, an opportunity to respond, and a chance to remediate. However, lack of a communication from the Committee or the State Bar regarding your advertisement filed under RPC 7.2A is in no way to be inferred as an approval.

If you wish to obtain an opinion regarding your advertisement's compliance you may submit a request under RPC 7.2B in care of the Administrator. An advanced opinion of compliance is binding on all discipline panels, so long as all information provided to secure that opinion is true and not misleading.

There is a fee for a voluntary written opinion under this section but the filing process is the same (submit form, fee, and attachments to the administrator).

$250 for everything but

yellow pages $350

campaigns $3,000

Please see Advertising Committee Rule (ACR) 7 for more information.

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The Committee's draft recommendations were distributed to the Board of Governors on March 15, 2006. The Board discussed and debated the proposed rules at its next meetings on May 10, 2006, and again on June 21, 2006, and deferred the matter for further deliberations at the next regularly-scheduled meeting August 23-24, 2006. The Board by a divided vote elected not to adopt the Study Committee recommendations. Click here for BOG meeting minutes.

The Board appointed a special reconciliation committee to open a dialogue and attempt to craft a new proposal that incorporated the work of the SCLA while addressing concerns expressed by the bench and bar. The special committee met on October 17, 2006, and proffered its recommendations to the Board of Governors at a special Board meeting held November 2, 2006. With some minor modifications to the special committee language, the Board ratified a final proposal which the President executed and filed with the Nevada Supreme Court November 20, 2006 (see below).

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SCLA RECOMMENDATIONS (not adopted by the Board)

This complete draft petition with exhibits is the size of the yellow pages. It is scanned in parts for easier access. Click on the link for the materials you wish to review.

DRAFT PETITION and EXHIBIT 1 (recommended rule changes)

Exhibit 2 March 24, 2005 meeting minutes

Exhibit 3 Public Hearings & Education Report

Exhibit 4 Empirical Studies Report

Exhibit 5 Constitutional Concerns Report

Exhibit 6 Internet Concerns Report

Exhibit 7 Concurrent Review Report (click here)

First Supplemental Report (click here)

Exhibit 8 August 31, 2005 meeting minutes

Exhibit 9 Bar Counsel suggestions

Exhibit 10 January 10, 2006 meeting minutes

Exhibit 11 Public Hearing Notice/Sign in sheet