Louisiana Senate Bill SCR37

Louisiana 2019 Regular Session

• Introduced: 4/16/19
• Refer: 4/16/19
• Report Pass: 4/30/19
• Passed: 5/1/19
• Engrossed: 5/1/19
• Refer: 5/2/19
• Report Pass: 5/16/19

Caption

Requests the Louisiana Supreme Court and the Louisiana State Bar Association review rules governing solicitation advertising by attorneys.

Impact

If implemented, the review may prompt the Louisiana Supreme Court and the State Bar Association to amend the Louisiana Rules of Professional Conduct. This could lead to more stringent requirements on how attorneys advertise their services, aiming to maintain ethical standards and prevent deceptive practices in legal solicitation. The resolution seeks to protect consumers and preserve the integrity of the legal profession, demonstrating the state's proactive approach in addressing the evolving landscape of legal advertising.

Summary

SCR37 is a Senate Concurrent Resolution that requests the Louisiana Supreme Court and the Louisiana State Bar Association to review and potentially revise the rules governing advertising and solicitation by attorneys in Louisiana. The resolution references prior legal frameworks and precedents that have influenced the regulation of attorney advertising, specifically citing the federal Fifth Circuit Court’s ruling in Public Citizen, Inc. v. Louisiana Attorney Disciplinary Board, which balanced the state's interest in regulating commercial speech with First Amendment rights. The aim is to ensure that advertising practices remain ethical and do not mislead the public.

Sentiment

The sentiment around SCR37 appears to be largely positive, as it shows lawmakers' intention to uphold ethical standards within the legal profession. Stakeholders in the legal community may have mixed feelings; while some may support efforts for stricter regulation to maintain professionalism, others might argue that too much regulation could stifle legitimate advertising efforts and hinder attorneys' abilities to reach potential clients.

Contention

One notable point of contention surrounding SCR37 is the balance between protecting consumers from misleading advertising while still allowing attorneys the freedom to promote their services. The discussion may raise concerns regarding potential limitations on freedom of expression for attorneys in their advertising efforts. The resolution reflects an ongoing dialogue about the extent to which regulations should govern lawyer advertising in order to ensure transparency without compromising the attorneys' rights to communicate their services effectively.