Attorney Advertising Rules for the State of Louisiana

In Louisiana, attorney advertising is governed by the Louisiana Rules of Professional Conduct, specifically Rules 7.1 through 7.10. These rules are designed to ensure that communications about legal services are truthful, not misleading, and uphold the integrity of the legal profession.

Rule 7.1: Communications Concerning a Lawyer’s Services

This rule prohibits lawyers from making false or misleading communications about their services. A communication is considered false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement not materially misleading. For example, suggesting guaranteed outcomes or creating unjustified expectations would violate this rule.

Rule 7.2: Advertising

Lawyers are permitted to advertise their services through various media, provided they adhere to certain conditions:

• Required Content: All advertisements must include the full name of at least one lawyer responsible for their content, the location of practice by city or town, and a filing number assigned by the Louisiana State Bar Association (LSBA) at the time of filing.
  Louisiana State Bar Association
• Filing Requirement: Advertisements must be filed with the LSBA’s Rules of Professional Conduct Committee either prior to or concurrently with their first dissemination. This filing should include a copy of the advertisement, a transcript if it is on videotape or audiotape, a statement of when and where the advertisement has been or will be used, and the appropriate fee.
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• Payment for Recommendations: Lawyers shall not give anything of value to a person for recommending the lawyer’s services, except for paying the reasonable costs of advertisements or communications permitted by this rule and paying the usual charges of a lawyer referral service or other legal service organization.
  Louisiana State Bar Association

Rule 7.3: Solicitation of Clients

This rule addresses direct solicitation of clients:

• Prohibited Solicitations: Lawyers must not solicit professional employment from a prospective client by in-person, live telephone, or real-time electronic contact when a significant motive is the lawyer’s pecuniary gain, unless the person contacted is a lawyer or has a family, close personal, or prior professional relationship with the lawyer.
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• Permitted Communications: Solicitation through written, recorded, or electronic communication is permitted under certain conditions, provided it complies with Rule 7.1 and is not coercive or harassing.
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Rule 7.4: Communication of Fields of Practice and Specialization

Lawyers may communicate the fact that they do or do not practice in particular fields of law. A lawyer shall not state or imply that they are certified as a specialist in a particular field of law, unless the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association, and the name of the certifying organization is clearly identified in the communication.

Rule 7.5: Firm Names and Letterheads

This rule governs the use of firm names and professional designations:

• Use of Trade Names: A law firm may use a trade name in private practice if it is not misleading and does not imply a connection with a government agency or with a public or charitable legal services organization.
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• Names of Lawyers: The use of names of deceased or retired members is permissible if the firm is a bona fide successor. However, the name of a lawyer holding public office must not be used in the firm name during any substantial period in which the lawyer is not actively and regularly practicing with the firm.
  Louisiana State Bar Association

Rule 7.6: Computer-Accessed Communications

This rule addresses communications about a lawyer’s services that are accessed through the use of a computer, including websites and unsolicited electronic mail:

• Inclusion of Required Information: Such communications must include the name of at least one lawyer responsible for their content, the location of the lawyer’s principal office, and the LSBA filing number.
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• Filing Requirement: These communications must be filed with the LSBA’s Rules of Professional Conduct Committee in accordance with Rule 7.7, unless exempted by Rule 7.8.
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Rule 7.7: Evaluation of Advertisements

This rule outlines the procedures for the submission and evaluation of advertisements:

• Mandatory Submission: Advertisements must be submitted to the LSBA’s Rules of Professional Conduct Committee either prior to or concurrently with their first dissemination. The submission should include a copy of the advertisement, a transcript if it is on videotape or audiotape, a statement of when and where the advertisement has been or will be used, and the appropriate fee.
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• Evaluation Process: The Committee evaluates all advertisements and unsolicited written communications filed with it for compliance with the applicable rules on lawyer advertising and solicitation. The Committee completes its evaluation within thirty days following receipt of a filing unless further examination is warranted.
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Rule 7.8: Exemptions from the Filing and Review Requirement

Certain communications are exempt from the filing and review requirements of Rule 7.7, including:

• Communications Limited to Certain Information: If the content of an advertisement is limited to specific information such as the lawyer’s name, contact information, areas of practice, and fee information, it may be exempt from the filing requirement.
  Louisiana State Bar Association
• Communications Requested by Clients: Communications requested by a prospective client are exempt from the filing requirement.