The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Lebra R. Bias.
DIGEST
SB 383 Original 2022 Regular Session Peacock
Proposed law provides the standard by which communication in attorney advertisements may be
regulated.
Present law provides that any advertisement for legal services, in any format, that contains a
reference to a monetary settlement agreement or an award by a jury verdict previously obtained by
the advertising attorney shall, in the same advertisement, disclose a full accounting of all expenses
associated with such settlement agreement or award by jury verdict.
Proposed law retains present law and adds an additional requirement that any advertisement for legal
services containing a reference or testimonial to past successes or results obtained be presented in
a truthful, nondeceptive manner by including a disclaimer such as "Results May Vary" or "Past
Results are not a Guarantee of Future Success".
Present law requires that disclosure of all expenses associated with the settlement or jury verdict be
in a font size no smaller than half of the largest font size used in the advertisement.
Proposed law retains present law and adds that any advertisement for legal services that includes the
portrayal of a client by a nonclient or the depiction of any event or scene or picture that is not actual
or authentic include a disclaimer, and provides the requirements for such disclaimer when the
advertisement is presented in print or presented verbally.
Proposed law prohibits certain types of communication in attorney advertising.
Proposed law provides that the amendments to Subsection A, consistent with prior jurisprudence,
establish the factors used to determine when communication in attorney advertising may be
regulated. See, Public Citizen Inc. v. Louisiana Disciplinary Bd., 632 F.3d 212 (2011).
Proposed law provides that the attorney general shall represent or supervise the representation of the
interest of the state in any action or proceeding in which the constitutionality of proposed law is
challenged or assailed, and that any expenses incurred are recoverable from the person or entity
whose actions or inactions cause enforcement to be necessary.
Proposed law provides for severability in the event one or more provisions of this Act are found to
be unconstitutional.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 37:223)