2019 Regular Session ENROLLED
SENATE CONCURRENT RESOL UTION NO. 37
BY SENATOR LONG AND REPRESENTATIVES ADAMS, BACALA, BAGNERIS,
BOURRIAQUE, TERRY BROWN, CARMODY, CONNICK, CREWS,
DAVIS, DEVILLIER, LANCE HARRIS, HODGES, HOFFMANN,
HORTON, HUVAL, JACKSON, MIKE JOHNSON, JORDAN,
LARVADAIN, MARINO, MCMAHEN, MIGUEZ, GREGORY
MILLER, JAY MORRIS, JIM MORRIS, MOSS, SEABAUGH,
STEFANSKI, THOMAS AND ZERINGUE
A CONCURRENT RESOL UTION
To urge and request the Louisiana Supreme Court and the Louisiana State Bar Association
to study solicitation advertising by attorneys, and the potential need for revisions and
updates to the state Rules of Professional Conduct.
WHEREAS, Article V, Section 5(B) of the Constitution of Louisiana provides that
the Louisiana Supreme Court has exclusive original jurisdiction of disciplinary proceedings
against a member of the bar; and
WHEREAS, in 2009, the Louisiana Supreme Court adopted amendments to the
Louisiana Rules of Professional Conduct, and the Louisiana State Bar Association created
the Handbook on Lawyer Advertising and Solicitation, after months of study and hearings
conducted in response to legislation and other calls for standards and guidance regarding
attorney advertising; and
WHEREAS, subsequent challenges to the constitutionality of Rules of Professional
Conduct regulating attorney advertising were filed in federal district court, and ultimately
resulted in the federal Fifth Circuit Court of Appeals decision in Public Citizen, Inc. v.
Louisiana Attorney Disciplinary Board, 632 F. 3d 212 (2011); and
WHEREAS, in the Public Citizen case, the Court struck down certain state rule
requirements as infringing upon First Amendment protections regarding commercial speech,
but upheld other rule requirements as the legitimate exercise by the state of its substantial
interests in protecting the public from unethical and false, deceptive, and misleading lawyer
advertising, and also in preserving the ethical integrity of the legal profession; and
WHEREAS, in the Public Citizen case, the Court reaffirmed that commercial free
speech in the form of attorney advertising is not absolute, but instead merits a limited
measure of protection subject to differing levels; and
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WHEREAS, in the Public Citizen case, the Court reaffirmed that the state does have
substantial interests in regulating attorney advertising to prevent unlawful activity and the
deception and confusion of consumers, including claims and depictions of scenes and
pictures in attorney advertising inherently likely to deceive the public; and
WHEREAS, in the Public Citizen case, the Court pointed out that the United States
Supreme Court has recognized the government's substantial interests in "ensuring the
accuracy of commercial information in the marketplace" and "maintaining standard of
ethical conduct in the licensed professions", and has further recognized that a state's interest
in regulating attorneys is especially great since lawyers are essential to the primary
governmental function of administering justice, and have historically been "officers of the
courts"; and
WHEREAS, in light of these substantial interests, the Louisiana Supreme Court and
the Louisiana State Bar Association should undertake a review of the present practices and
forms of attorney solicitation advertising in this state for the purposes of determining
whether revisions and updates are needed to the current Louisiana Rules of Professional
Conduct, and should further implement such changes in the rules as necessary to protect the
public and preserve the ethical integrity of the legal profession.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana Supreme Court and the Louisiana State Bar Association to
study solicitation advertising by attorneys, and the potential need for revisions and updates
to the state Rules of Professional Conduct.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted to the
Louisiana Supreme Court and the Louisiana State Bar Association.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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