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Lawyer Advertising
Last Updated September 7, 2007
HOW TO FILE UNDER RPC 7.2A Short answer:
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.
o Note the attorney responsible for the advertisement must personally sign the form.
3. Submit the completed filing form, along with two copies of the advertisement itself, in regular and electronic format to the Advertising Administrator:
Advertising Administrator State Bar of Nevada 600 E. Charleston Blvd. Las Vegas, NV 89104
E-mail Louisew@nvbar.org
Direct dial: (702) 317-1433 Fax: (702) 382-8747
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:
E-mail
Hard copy
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 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 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. 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. As defined by Advertising Committee Rule (ACR) 2(o): Tombstone. Advertisements which are limited to the following information shall be considered “tombstone” advertisements which are exempt from filing under this Rule: (a) The name of the lawyer or firm and lawyers associated with the firm, with office addresses, telephone numbers, office and telephone service hours, telecopier numbers, e-mail and website information, and a designation of the profession such as attorney, lawyer, law office, or firm; (b) The fields of law in which the lawyer or firm advertises a certification, limited practice, or specialty, and required related information as set forth in RPCs 7.2 and 7.4, provided the lawyer is otherwise qualified to make those statements in compliance with those Rules; (c) The date of admission of the lawyer or lawyers to the State Bar of Nevada, to federal courts, and to the bars of other jurisdictions; (d) Technical and professional licenses granted by this state and other recognized licensing authorities; (e) Foreign language ability; (f) Identification of prepaid or group legal service plans in which the lawyer participates provided the participation is otherwise compliant with SCR 42.5; (g) The acceptance or nonacceptance of credit cards; and (h) In addition to the exceptions listed in subparagraphs (a)-(g) above, listings in a regularly published law list; newsletters or other similar publications directed primarily to other lawyers and legal professionals; and announcements limited to change of address, affiliation, or staffing are exempt from filing.
Advertising Administrator: Louise Watson, CLA, paralegal Direct Dial (702) 317-1433 Toll Free (800) 254-2797 Fax (702) 382-8747
Documents, forms, and resource materials:
Advertising Commitee Rules (ACR), Fee Schedule, & Procedures
Form- RPC 7.2A Mandatory Filing (no fee)
Form- RPC 7.2B Advance Advisory Opinion (fee)
See ACR 8 for a complete fee schedule
Guidelines for preparing a Lawyers Biographical Data Form
Top Ten Things You Should Know About the New Rules
ADVERTISING REVIEW COMMITTEE VACANCIES The State Bar needs volunteers to review lawyer advertisements under the new advertising rules. The newly-created Volunteer (Lawyer Advertising) Advisory Committees have immediate openings in the North and South for interested lawyers and lay persons. These working Committees shall meet at least once per month to (1) review all advertisements submitted pursuant to rule RPC 7.2A as amended and (2) render advance advisory opinions upon request. Because review & communication will largely be accomplished though electronic mediums, Committee members should be proficient with computers, email, and Internet use. Interested persons should send: (1) a cover letter, (2) C.V., (3) references, and (4) level of computer proficiency to: State Bar of Nevada: attn: AD Committee, 600 E. Charleston Blvd., Las Vegas, NV 89104, or via e-mail louisew@nvbar.org, or call (702) 317-1433 for more information. Lawyers will also need to fill out a State Bar Committee Application form.
_______________________________________________ ARCHIVES ADKT 380 Lawyer Advertising Rules Click here for the redlined proposed rules ONLY. (Click here for PDF) Interim petition addressing RPC 7.2 (e) & (f) only. (filed 10/5/06) Supplemental petition addressing RPCs 1.4, 1.18, 7.1, 7.2, 7.2A, 7.4 and SCR 106 (scanned in ADOBE in two parts due to size): (filed 11/20/06) Part 1 Petition and Exhibit 1 (redline rule recommendations) Part 2 Exhibit 2 (Majority report) & Exhibit 3 (Minority Report)
Final proposal ratified by the Board of Governors and filed with the Nevada Supreme Court November 20, 2006. (Scroll down to view.) The Study Committee on Lawyer Advertising (SCLA) was created at the request of the State Bar of Nevada by the Nevada Supreme Court’s Order dated December 16, 2004 (ADKT 380). Its purpose is to review the rules governing attorney advertising, study the rules' efficacy in the current business and legal environment, and recommend changes to the Board of Governors, which then ratifies or amends that recommendation and files a petition with the Supreme Court of Nevada. 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). Written comments will be accepted by the State Bar of Nevada and forwarded to the Court. Please click here to email your comments, or, mail hard copies to the Las Vegas State Bar office in care of K. Marzec. Staff contact: Kristina Marzec, CLA email kristinam@nvbar.org 600 East Charleston Blvd. Las Vegas NV 89104 (702) 317-1426/ (800) 254-2797 ******************************************************************************** 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 Exhibit 12 Draft Report & Recommendation Part 1 (here) Draft Report & Recommendation Part 2 (here)
Exhibit 13 Bar Counsel Enforcement Report Exhibit 14 Written public comments VOLUME II Transcript of public hearing March 1, 2006 Texas State Bar Advertising Review Program Governing Documents
State Bar of Nevada 600 E. Charleston Blvd
Las Vegas, NV 89104
marcm@nvbar.org |
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