Louisiana Senate Bill SCR57

Louisiana 2020 Regular Session

• Introduced: 5/7/20
• Refer: 5/11/20
• Report Pass: 5/19/20
• Passed: 5/20/20
• Engrossed: 5/21/20
• Refer: 5/21/20
• Refer: 5/22/20
• Report Pass: 5/26/20

Caption

Requests the Louisiana Supreme Court and the Louisiana State Bar Association to implement a lawyer advertisement review recognition program.

Impact

By implementing this program, the Louisiana Supreme Court and the Louisiana State Bar Association would create a framework that could improve consumer awareness regarding which advertisements have undergone a compliance review, thereby assisting potential clients in discerning credible legal services. This acknowledgment of monitored attorney advertising is intended to address the concerns raised in prior court cases, which found certain regulations necessary in upholding the ethical standards of legal advertisements.

Summary

SCR57 is a concurrent resolution that urges and requests the Louisiana Supreme Court and the Louisiana State Bar Association to implement a lawyer advertisement review recognition program. The purpose of this program is to ensure that all lawyer advertisements comply with the established Louisiana Rules of Professional Conduct. This initiative arises from previous legal challenges that highlighted the importance of regulating attorney advertisements to protect the public from misleading information while also maintaining the integrity of the legal profession.

Sentiment

The sentiment around SCR57 appears to be positive among legal professionals and lawmakers who recognize the need for a systematic approach to lawyer advertising. There is a shared understanding that while the First Amendment protects commercial speech, there remains a compelling state interest in regulating misleading advertisements to safeguard consumers and the legal profession's integrity. The overall consensus suggests support for balancing these interests effectively.

Contention

While there seems to be broad support for the establishment of a lawyer advertisement review recognition program, there may be contention regarding the specifics of how such a program would be administered and monitored. Concerns could arise around the potential for overregulation, which some might argue could infringe on lawyers' rights to free speech. Moreover, ensuring that the program is both effective in protecting consumers and fair to lawyers remains a critical discussion point that needs addressing as the implementation progresses.