§223. Advertisements for legal services
A. The legislature recognizes the following:
(1)Legal advertisements in the state have the potential to mislead individuals who
need professional legal services, and potential litigants have the right to know what expenses
will be associated with legal representation.
(2)Advertising that is inherently likely to deceive, or which is, or has in fact been,
deceptive receives no protection under the First Amendment to the Constitution of the United
States of America and is prohibited entirely.
(3)Attorney advertising that is potentially misleading because it may be presented
in a way that is not deceptive may be regulated if the regulation satisfies one of two
standards: if the regulation directly advances a substantial government interest and is not
Free access — add to your briefcase to read the full text and ask questions with AI
§223. Advertisements for legal services
A. The legislature recognizes the following:
(1) Legal advertisements in the state have the potential to mislead individuals who
need professional legal services, and potential litigants have the right to know what expenses
will be associated with legal representation.
(2) Advertising that is inherently likely to deceive, or which is, or has in fact been,
deceptive receives no protection under the First Amendment to the Constitution of the United
States of America and is prohibited entirely.
(3) Attorney advertising that is potentially misleading because it may be presented
in a way that is not deceptive may be regulated if the regulation satisfies one of two
standards: if the regulation directly advances a substantial government interest and is not
more extensive than necessary to serve that interest, or if disclosure is required that is
reasonably related to the state's interest in preventing deception of consumers.
B.(1) 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 all attorney fees paid to the
advertising attorney that are associated with the settlement agreement or award by jury
verdict.
(2) The disclosure of all attorney fees associated with the settlement or jury verdict
when presented in print shall be in a font size no smaller than half the size of the largest font
size used in the advertisement, and when presented verbally, shall be audible, intelligible,
and presented with equal prominence and in the same manner as the other parts of the
advertisement.
C. Any advertisement for legal services, in any format, containing a reference or
testimonial to past successes or results obtained shall be presented in a truthful, nondeceptive
manner and shall include a disclaimer such as "results may vary" or "past results are not a
guarantee of future success".
D. 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. Any words
or statements required by this Section to appear in an advertisement or unsolicited written
communication shall be clearly legible if written or intelligible if spoken aloud. All
disclosures and disclaimers shall be clear, conspicuous, and clearly associated with the item
requiring disclosure or disclaimer. 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. Spoken disclosures
and disclaimers shall be plainly audible and clearly intelligible.
E. The following communications in attorney advertisements shall be prohibited:
(1) Any advertisement for legal services, in any format, that utilizes a nickname,
moniker, motto, or trade name that states or implies an ability to obtain results in a matter.
(2) Any advertisement for legal services, in any format, that promises results.
F. The Louisiana Supreme Court may adopt rules as necessary to implement and
enforce the provisions of this Section by December 22, 2022.
G.(1) For purposes of this Section, "media entity" includes the following:
(a) Radio or television broadcast station.
(b) Cable television company.
(c) Newspaper or periodical company.
(d) Billboard company.
(e) Voice, data, or other communications.
(f) Information services.
(g) Internet access provider.
(h) Bona fide news or public interest website operator.
(2) The provisions of this Section shall not limit or otherwise affect the carriage,
distribution, transmission, or display of any advertisement by a media entity. Any carriage,
distribution, transmission, or display of an advertisement by a media entity shall not be
considered a violation of this Section by the media entity.
H. Any court costs or attorney fees awarded to a prevailing party against the supreme
court in an action challenging the constitutionality of this Section shall be paid by the state.
Nothing in this Section shall prevent the supreme court from recovering court costs or
attorney fees if the constitutionality of this Section is upheld.