The Louisiana Supreme Court has adopted new rules on attorney advertising in an attempt to make such commercial messaging more transparent and to root out false or misleading ads.
Chief Justice John Weimer made the announcement about the court’s adoption of the new rules earlier this month in response to recommendations from the Louisiana State Bar Association’s Rules of Professional Conduct Committee. The rules will result in the bar putting in place a database of such attorney ads and unsolicited written communications that will be accessible to the public and searchable.
“The Louisiana Supreme Court has taken a positive step with its newly enacted rule changes and accompanying public database,” Lana Sonnier Venable, executive director of Louisiana Lawsuit Abuse Watch (LLAW), told the Louisiana Record in an email. “We commend Sen. (Sharon) Hewitt, whose Senate Concurrent Resolution 57 spurred these much-needed changes to improve public transparency regarding lawyer advertising.”
LLAW and other groups have criticized the level of attorney advertising in the state as contributing to a negative legal environment that burdens businesses and dampens economic growth.
“Louisiana’s disproportionate number of legal services advertisements have contributed to the state’s consistent ranking as a top-10 Judicial Hellhole,” Venable said. “A recent study by the American Tort Reform Association found that advertising lawyers spent $12 million on legal ads on television, radio and outdoor platforms in the last quarter of 2020 alone.”
Among the other provisions in the new advertising rules, which take effect on Jan. 1 of next year, is a requirement that ads referring to past legal successes must contain a disclaimer such as “Results may vary” or “Past results are not a guarantee of future success.”
“This newly implemented searchable public database, along with the additionally enacted rule changes, will offer the ability to review compliance with rules governing attorney advertising in Louisiana, and will provide a safeguard against false or misleading advertising for the public,” Weimer said in a prepared statement.
Louisiana residents deserve more honesty and accountability when it comes to attorney advertising in the state, according to Venable.
“We encourage the Louisiana State Bar Association to continue its efforts to be more forthcoming with the public,” she said.