HASBSB383 TYLERT 4249
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 383 2022 Regular Session Peacock
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
ATTORNEYS. Provides for advertisement for legal services. (gov sig)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Adds the requirement of awarding court costs or attorney fees to a prevailing
party against the supreme court in actions challenging the constitutionality
of ads for legal services be paid by the state and for the supreme to recover
court costs or attorney fees if the constitutionality is upheld.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
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.
(3)Spoken disclosures and disclaimers shall be plainly audible and clearly intelligible.
Proposed law prohibits certain types of communication in attorney advertising.
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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.
Proposed law provides that any court costs or attorney fees awarded to a prevailing party
against the supreme court in an action challenging the constitutionality of advertisements for
legal services shall be paid by the state and allows the supreme court to recover court costs
or attorney fees if the constitutionality of advertisements for legal services is upheld.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 37:223)
______________________
Thomas L. Tyler
Senate Counsel
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