SLS 20RS-286 ORIGINAL
2020 Regular Session
SENATE BILL NO. 88
BY SENATOR HEWITT
ATTORNEYS. Provides for evaluations of attorney advertisements to be subject to the
Public Records Law. (8/1/20)
1 AN ACT
2 To enact R.S. 37:223, relative to attorney advertising; to provide relative to evaluations of
3 attorney advertising; to provide relative to public records; to provide for a right of
4 action; to provide for damages; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 37:223 is hereby enacted to read as follows:
7 ยง223. Evaluations of attorney advertisements; public records; right of action
8 A. Notwithstanding any provision of law to the contrary, documents and
9 other materials made part of the evaluation of attorney advertising by the
10 Louisiana State Bar Association shall be considered public records and subject
11 to inspection pursuant to the Public Records Law. No information in such
12 documents and materials shall be considered proprietary or otherwise exempt
13 from disclosure under the laws of this state.
14 B. In addition to any other remedy provided by law, refusal to disclose
15 documents and materials in violation of the provisions of this Section shall
16 create a right of action against the Louisiana State Bar Association in a court
17 of competent jurisdiction for injunctive relief, recovery of damages suffered
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 88
SLS 20RS-286 ORIGINAL
1 arising from the violation, and award of costs and attorney fees.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 88 Original 2020 Regular Session Hewitt
Present law provides for the creation and regulation of the La. State Bar Association (LSBA)
under the rule-making authority of the Supreme Court of La.
Proposed law provides that documents consisting of the evaluation of attorney advertising
by the LSBA shall be considered a public record and subject to inspection pursuant to the
Public Records Law.
Proposed law further provides that no information in such documents shall be considered
proprietary or otherwise exempt from disclosure.
Proposed law provides for a right of action against the LSBA for the refusal to disclose such
documents, and for the recovery of damages suffered arising from the violation, and award
of costs and attorney fees.
Effective August 1, 2020.
(Adds R.S. 37:223)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.