(a) Generally. With the exception of computer-based advertisements (which are subject to the special requirements set forth in Rule 7.6), all advertisements in the electronic media, including but not limited to television and radio, are subject to the requirements of Rule 7.2.
(b) Appearance on Television or Radio. Advertisements on the electronic media such as television and radio shall conform to the requirements of this Rule.
(1) Prohibited Content. Television and radio advertisements shall not contain:
(A) any feature, including, but not limited to, background sounds, that is false, misleading or deceptive; or
(B) lawyers who are not members of the advertising law firm speaking on behalf of the advertising lawyer or law firm.
(2) Permissible Content. Television and radio advertisements may contain:
(A) images that otherwise conform to the requirements of these Rules;
(B) a lawyer who is a member of the advertising firm personally appearing to speak regarding the legal services the lawyer or law firm is available to perform, the fees to be charged for such services, and the background and experience of the lawyer or law firm; or
(C) a non-lawyer spokesperson speaking on behalf of the lawyer or law firm, as long as that spokesperson shall provide a spoken and written disclosure, as required by Rule 7.2(c)(10), identifying the spokesperson as a spokesperson, disclosing that the spokesperson is not a lawyer and disclosing that the spokesperson is being paid to be a spokesperson, if paid.
Pursuant to Louisiana Supreme Court order dated September 22, 2009, enforcement of Rule 7.5(b)(2)(C) was suspended.
The Louisiana Supreme Court adopted this rule on June 26, 2008. It was amended June 4, 2009 and became effective October 1, 2009. Pursuant to an order dated September 22, 2009, the court suspended enforcement of Rule 7.5(b)(2)(C) in the wake of an opinion from the United States Court of Appeals for the Fifth Circuit holding that portions of Rule 7,5 were unconstitutional. See Public Citizen, Inc. v. Louisiana Attorney Disciplinary Bd., 642 F. Supp. 539 (E.D. La. 2009), aff’d in part, rev’d in part, 632 F.3d 212 (5th Cir. 2011).
This page was updated on January 25, 2018.