Lawyer Advertising

Supreme Court Order Filed 4/26/07, Effective 9/1/07 (ADKT 380)

Top Nine things you might not (but should) know about the new lawyer advertising rules.

1.Ads do NOT have to be pre-approved. You only have to file them with the Bar within 15 days after first dissemination.There is no fee. You do not wait for a response. In fact, “approval” is at your request only upon application to the Advertising Committees (there is a fee for this option).

2.The rules go into effect on September 1, 2007. Therefore, you have until September 17, 2007 to file any ads you intend to run after September 1.

3.There will be exceptions to the mandatory filing, which are currently tombstone ads, websites, and derivatives of ads filed after Sept. 1. The Board of Governor’s Operating Rules will further define these terms.

4.Any of your competitors who may sit on the Advertising Review Committees cannot make you pull an ad. The Office of Bar Counsel still handles discipline. The new committees are there to help lawyers by providing optional, binding advance opinions. The Committees will also help the State Bar by reviewing the ads filed under the mandatory provision and make referrals and recommendations to Bar Counsel.

5.The only fees assessed are for the optional advance opinions. There will be reasonable administrative fees for advance opinions issued by the Advertising Committees. Favorable opinions are issued in writing and binding on discipline authorities. Unfavorable opinions are appealable and not binding on the lawyer or discipline authorities.

6.You must now have a Lawyer Biographical Data Form even if you don’t advertise. The Data Form was previously only required of advertising lawyers (former SCR 196.5), but is now required of all lawyers practicing in Nevada. A lawyer must be able to provide the Data Form within a reasonable period of time upon request of the State Bar, a client, or prospective client. RPC 1.4, RPC 1.18.

7.You can now advertise testimonials, endorsements, and jury verdicts. The main caveat is you must also include adequate disclaimers to overcome the inherently misleading nature of such statements.

8.You can now have accident scenes, be a cartoon, or otherwise have dramatic and suspenseful depictions. RPC 7.2 (d), (e), and (f) have been revoked.

9.If you are going to advertise a fee or range of fees, all the related conditional terms (if any) must be included within reason.

OPERATING RULES DRAFT: http://www.nvbar.org/SCLA/Operating%20Rules%20Draft%202.doc

EXPANDED FAQs: http://www.nvbar.org/SCLA/FAQ%20expanded%20advertising.doc

COURT ORDER: http://www.nvbar.org/SCLA/ORDER%20ADKT%20380.pdf

 

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