Appeals ruling mixed on La. lawyer ad rules

Some of the Louisiana Supreme Court’s new restrictions on lawyer advertising are unconstitutional, but several other rules can be enforced, a federal appeals court ruled today. A three-judge panel from the 5th U.S. Circuit Court of Appeals struck down a blanket ban on ads that depict judges or juries or that refer to an attorney’s past successes or results obtained for clients. The panel also overturned a rule governing the font size and speed of speech in disclaimers. But the 5th Circuit upheld rules that bar attorneys from promising results and using actors to portray clients without a disclaimer and that limit the use of mottos. Attorneys Morris Bart of New Orleans and William Gee III of Lafayette had asked the 5th Circuit to review U.S. District Judge Martin Feldman’s ruling in the case. “I would call it a split decision,” says Bart’s attorney, James Garner. The Louisiana Attorney Disciplinary Board has said the new rules, which took effect in October 2009, are designed to protect the public from deceptive ads. The 5th Circuit, however, says ads depicting a judge or jury aren’t inherently misleading. The 5th Circuit also says the board failed to show how prohibiting all references or testimonials to a lawyer’s past results will prevent consumer deception. And the panel agreed with Bart and Gee that the rules governing the format of disclaimers are overly burdensome and violate the First Amendment. The 5th Circuit’s ruling may not be the final word on the case. Garner says the plaintiffs will weigh their options, such as asking the full 5th Circuit or the U.S. Supreme Court to hear the case.