NEW ORLEANS, LA (SmileyLaw) December 1, 2008 — Scott G. Smiley, Jr. & Smiley Law Group were spotlighted in a National Law Journal article entitled ” La Attorney Fights Rules that Limit ‘New Media’ Use.”
The article discusses the lawsuit filed this week by the firm in federal court challenging the constitutionality of the new Louisiana lawyer advertising rules. The suit, captioned Scott G. Smiley, Jr., et al. v. Louisiana Attorney Disciplinary Board, et al., argues that the new lawyer advertising rules restrict the firm’s ability to advertise online and participate in certain online social media.
Founding partner of the firm, Scott Smiley, is quoted in the piece:
The rules require that a lawyer send a copy of a proposed ad to the Louisiana State Bar Association, which charges a $175 evaluation fee to determine compliance, Smiley said. Those requirements are particularly troublesome, he said, given the definition of “computer-accessed communications” in the rules. The rules define those communications as “information regarding a lawyer’s or law firm’s services that is read, viewed or heard directly through the use of a computer.”
Read the full article at law.com.
Like Louisiana, most States’ rules governing attorney advertising are arcane and obsolete in our age of information. While there is a need for such rules to protect the public from false and misleading advertising, most of these rules are either overly-oppressive or lacking in guidance. Instead of punishing lawyers for participation in legitimate marketing efforts, the rules need to be modified to account for the various digital mediums and technologies available and only prohibit those that cross the line into the misleading arena.
Hi Gyi – I think you have some great points. Unfortunately, I think the bar associations fail to really understand how different marketing is today than it was when attorneys had to advertise in the yellow pages and on the radio. Thanks for stopping by and for the comment.