2020 Regular Session ENROLLED
SENATE CONCURRENT RESOL UTION NO. 57
BY SENATOR HEWITT
A CONCURRENT RESOL UTION
To urge and request the Louisiana Supreme Court and the Louisiana State Bar Association
to implement a lawyer advertisement review recognition program.
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, the Louisiana Supreme Court has adopted the Louisiana Rules of
Professional Conduct, and the Louisiana State Bar Association created the Handbook on
Lawyer Advertising and Solicitation, which contains standards and guidance regarding
attorney advertising; and
WHEREAS, the Louisiana State Bar Association has been tasked by the Louisiana
Supreme Court with providing a review process for lawyer advertising and solicitation
compliance; and
WHEREAS, 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
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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
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 the task of creating a lawyer
advertisement review recognition program to identify all advertisements which have been
reviewed by the Louisiana State Bar Association for compliance with the Louisiana Rules
of Professional Conduct, and should further implement such a public database of the review
recognition program.
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
implement a lawyer advertisement review recognition program.
BE IT FURTHER RESOLVED that on or before December 1, 2020, the Louisiana
Supreme Court and the Louisiana State Bar Association shall submit to the Senate
Committee on Governmental Affairs, the House Committee on Governmental Affairs, the
Senate Committee on Judiciary A, the House Committee on Civil Law and Procedure, and
the David R. Poynter Legislative Research Library a report addressing the actions it has
taken or plans to take towards implementing a lawyer advertisement review recognition
program.
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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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