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Rules For Lawyer Advertising

 
In Nevada, any lawyer that advertises must file ALL non-exempt advertisements pursuant to the requirements of RPC 7.2A. Exempt advertisements are those advertisements that fall under Advertising Committee Rule (ACR)2(o) which are: tombstone, previously filed or derivative (as long as the advertisement is taken verbatim from an approved version and adds no new substantive changes to the content of the advertisement) and websites.  If there should be any uncertainties if an advertisement is exempt from filing, it is best to submit the advertisement to be determined if it is in fact exempt.  Please be advised that all advertisements, whether exempt or non-exempt, can be subject to review and must be in compliance with the rules for lawyer advertising in Nevada.  The rules for lawyer advertising can be found here. In addition, these rules do include the amended rules pursuant to the Supreme Court’s Order in ADKT no. 445, which became effective on December 13, 2012. Please review the Order Adopting Amendments to the Rules of Professional Conduct.  Furthermore, it is strongly encouraged for you to review the Advertising Committee Rules (ACRs) and the Interpretive Guidelines.   
 
Please note that if you are trying to advertise in Nevada Lawyer magazine, you will need to visit the Nevada Lawyer page.  You may also contact the State Bar of Nevada and ask for a member from the Publications Department for inquiries relating to Nevada Lawyer.
 

How to File under RPC 7.2A

 
You will need to fill out the mandatory filing form which should be submitted with one copy of the actual advertisement within 15 days after first dissemination. This form must be signed by the attorney who is responsible for the content of the advertisement. You may file your advertisements in either physical or digital format.  For the purposes of these rules, electronic format is defined as playable and transmittable on a computer.  Please keep in mind the following points:
  • If you are submitting more than one advertisement, please provide a separate filing form for each advertisement.
  • If the advertisement is a recording, a transcript must accompany the filing form, as well as a copy of the recording that can be saved permanently to the State Bar’s database. Acceptable formats include DVDs/CD, any commonly-used media file. If you are unsure, please contact the Administrator.  
  • Any non-English advertisement must be accompanied with a complete and accurate English translation.  Please note that this means that the Administrator must receive copies of the advertisement in both the non-English transcript and the English translation.
  • If e-mailing, a scanned copy of the form, a print of the advertisement (or audio script if applicable) and copy of recording in any commonly used media player format will suffice
  • Any communications that are mailed to prospective clients must be accompanied with the actual envelope (in color).
  • If mailing your advertisements, please send your completed filing form(s) and attachment(s) to the Advertising Administrator.  Please submit only one copy of the recorded advertisement in either DVD or CD format and a copy of the audio script which can also be included on a disc (as long as it can be saved/printed). No VHS tapes will be accepted.
  • Once your advertisement is submitted, you should receive an acknowledgement email from the administrator.  Please review ACR 6.
  • Please note that you will not get a response unless your advertisement is referred to Bar Counsel for a potential violation.  A lack of response does not connote approval.
Please contact the Advertising Administrator below for questions regarding instructions and information on the filing process and/or submitting your mandatory filing forms:
 
Luisa Cota, Advertising Administrator
State Bar of Nevada
600 East Charleston Blvd.
Las Vegas, NV 89104
Direct dial: (702) 317-1418
Fax: (702) 382-8747  
 

 

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 rectify the issue. 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, along with the appropriate fee.  The advertisement will be submitted for review to the respective District and an opinion will be issued within thirty (30) days.  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.
 

Fees for Advance Opinions (pre-dissemination review)

 
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). Pursuant to ACR 7, the following fee schedule applies:
 
The following non-refundable fees shall apply to requests for Advance (pre-dissemination) Advisory Opinions under RPC 7.2B and ACR 7:
 
(a) Billboards $250
(b) Radio or Television Spots $250
(c) Telephone Directory Yellow Page $350
(d) Written Solicitations $250
  
As described in RPC 7.3, including but not limited to flyers, inserts, newspapers, pamphlets, and postcards. For the purpose of this subsection, business cards that have information beyond the tombstone exceptions defined in subsection (b) shall be considered a written solicitation.
 
(e)    media campaigns [See ACR 2(l)]            $3,000                       
  
In addition to written materials, marketing executives and the advertising lawyer shall be provided the opportunity to make oral presentation to the Committee.    
                       
With the exception of (1) media campaigns and (2) the exemptions set forth in ACR 2(o), a separate fee will be assessed for each advertisement for which an Advance Opinion is requested under RPC 7.2B.