RÉSUMÉ DIGEST
ACT 775 (SB 383) 2022 Regular Session Peacock
New law provides the standard by which communication in attorney advertisements may be
regulated.
Prior law provided 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.
New law retains prior 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".
Prior law required 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.
New law retains prior 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.
New law provides that any words or statements required 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.
New law prohibits certain types of communication in attorney advertising.
New 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).
New 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 new
law is challenged or assailed.
New law provides for severability in the event one or more provisions of prior law are found
to be unconstitutional.
New 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 June 20, 2022.
(Amends R.S. 37:223)