Thursday, September 25, 2008

Suit Filed Against Louisiana Bar For Its New Attorney Ad Restrictions

Story here reported in the Baton Rouge media about a constitutional challenge in federal court, filed by local attorneys, to Louisiana's recent restrictions on lawyer ads.  [Hat Tip to a student in my ethics class, Jason Kelley.]  The new rules start Dec. 1.  Says the Baton Rouge report:

Banned will be “background sounds” and any other feature of the ad that is “false, misleading or deceptive.” ... Also prohibited are ads that “compare one lawyer’s services to another lawyer’s services, unless the comparisons can be factually substantiated,” another rule states [, and ads] which include the portrayal of a judge or jury, the use of actors in place of real lawyers, and the “reenactment of any events or scenes or pictures that are not actual or authentic

See also this Times-Picayune story, suggested to me by another student, Keith Reynolds.

[Alan Childress]

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This is interesting, frightening, and chilling, especially for us nonlawyer consumers who are your natural constituents!

This is not a simple matter of bar members' free speech! Of course, even lawyers are citizen-consumers. Interference with commerce AND impairment of our own due process should stand also as *your* issues.

Please broaden scope of argument as much as possible. Your prime constituents also are susceptible to suffering deprivation. From here, seems that the mere fact such a restriction exists is violative.

As lawyers, you need to be our effective representatives because if not you folks, then who?

Godspeed & Merci!

Posted by: 09mmagnolia08 | Sep 27, 2008 8:04:57 PM

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