Nevada Judiciary

The new rules, approved unanimously by the seven justices, also provide an enhanced enforcement system through the State Bar of Nevada.

",Citizens often choose lawyers based solely on their advertisements,", said Justice James Hardesty, who helped get the new rules passed. ",Because choosing a lawyer can be such an important decision, we want our citizens to have accurate and complete information.",

",Lawyer advertising, because of its shear volume, touches virtually everyone in Nevada and influences the public’,s perception about attorneys in general,", said Chief Justice William Maupin.

One new rule prohibits lawyers from making claims that create an unjustified expectation about the outcome of a case. If a law firm advertises that it has obtained certain verdicts, for example, it must be able to provide proof. Another reform requires that ads promoting a fee arrangement, must advertise the entire fee arrangement. Justice Hardesty noted that one law firm advertised a low percentage contingency fee, but failed to reveal that the fee escalated if the case was not resolved in 30 days.

What will no longer be regulated is whether or not an ad is in bad taste.

",Taste is something we cannot govern without infringing on First Amendment rights,", said Justice James Hardesty. ",So restrictions on taste will be eliminated, but the new rules will make sure the content is not false or misleading.",

The new rules, which will go into effect Sept. 1, are the culmination of a study initiated more than two years ago when the Supreme Court created the 19-member Study Committee on Lawyer Advertising (SCLA). The Committee made preliminary recommendations to the State Bar. After a number of hearings, the State Bar sought approval of the new rules by the Supreme Court.

Under the new rules, lawyers must submit their ads to the State Bar for review within 15 days after publication or broadcast. If an ad is deemed to be inaccurate or misleading, it must be pulled.

Attorneys, however, have the option of submitting ads to the State Bar before publication for an advisory determination of their compliance with the rules. ",This provides a safe harbor for the lawyers, so long as the information is accurate,", Justice Hardesty said.

Reviews of the ads will be conducted by committees in northern and southern Nevada that are composed of both lawyers and non-lawyers. The committees will be required to meet at least once a month, ensuring timely review of the ads.

Justice Hardesty said the requirement that lawyers submit their ads to the bar is an important rule because many ads are never seen by State Bar officials.

",This was a rule intended to strengthen the State Bar’,s ability to track ads and enforce the rules,", Justice Hardesty said. ",This is a very important step for the State Bar and the Supreme Court in our effort to improve lawyer advertising and make discipline for improper advertising a higher priority for the Bar.",

Because advertisements generally do not reveal a lawyer’,s background, another new rule requires that attorneys maintain resumes that can be given to prospective clients on request.

The issue of lawyer advertising has been controversial for years, as more and more attorneys use the airwaves, billboards, and yellow pages to compete for clients.

",The subject of attorney advertising is both polarizing and universally vital to the bench and bar,", stated SCLA Chairman William C. Turner in his executive summary of the committee’,s report. ",The goal of this initiative is to formulate rules that protect the public from false and misleading advertising while conserving First Amendment rights of advertising lawyers.",

The SCLA identified misleading statements as one of the most serious concerns in lawyer advertising.

The Supreme Court’,s new rules focused on resolving that concern.