The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Lebra R. Bias.
DIGEST
SB 383 Reengrossed 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 or any
unsolicited written communication, in any format, 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 shall include
a disclaimer.
Proposed law provides that any words or statements required by proposed law to appear in an
advertisement or unsolicited written communication must be clearly legible if written or intelligible
if spoken aloud. Further provides as follows: (1) All disclosures and disclaimers shall be clear,
conspicuous, and clearly associated with the item requiring disclosure or disclaimer; (2) Written
disclosures and disclaimers shall be clearly legible and, if televised or displayed electronically, shall
be displayed for a sufficient time to enable the viewer to easily see and read the disclosure or
disclaimer; and (3) Spoken disclosures and disclaimers shall be plainly audible and clearly
intelligible.
Proposed law prohibits certain types of communication in attorney advertising.
Proposed law provides the factors used to determine when communication in attorney advertising
may be regulated as determined by the court in 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.
Proposed law provides for severability in the event one or more provisions of present law are found
to be unconstitutional.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 37:223)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the original bill
1. Adds that any advertisement for legal services or any unsolicited written
communication, in any format, 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 shall
include a disclaimer. Provides requirements for the format of written or spoken
disclosures or disclaimers.
Senate Floor Amendments to engrossed bill
1. Deletes the provision which states that any expenses incurred in any action or
proceeding in which the constitutionality of proposed law is challenged or assailed
are recoverable from the person or entity whose actions or inactions cause
enforcement to be necessary.
2. Makes technical changes.