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opinion before it is disseminated. Pre-approval allows the lawyer to
have an advertisenlent reviewed beforehand so that the attorney wiu
know~\rhether the ad con~plies nit11 the ~ules or whether the nlaterial
needs to be corrected before it is disseminated to the public. In order
to obtain Pre-approval, tl~e la\ver must submit the advertisemeut,
application form and fee 30 days prior to hst clissemination. The
lawyer d l receive a letter of response within 25 d~r;. iUlhoogl~ Preapprovalis
not required, it is reco~muended that the attorney submit
their materials to the Slate Bar before it is disseminated.
BJI Ray Cmtzr of the State Bfrr of Texas
Regrtlnfion
Lawyer .4dvertising is regulated by Part VII of the Texas Discipha~y Rules
of Professional Conduct.
Enforcenrenf
Reg~dalions are implemented and enforced by the Adrzertising Review
Conln~iltee and the Advertising Review Departme~~t of the State Bar of
Texas.
Purpose
To protect the pnblic from lawyer advertising that is false, nusleading or
deceptive.
Wlinf il~e kriyer Aduerlisirrg Rnles couer
All forms of public media advertisiug and written conunu~~icatioas
designed to sokcit legal seivices, such as the following:
Yellow pages or similar directories
Magazines
Ne\\rspapeis
Outdoor Displa~illboartls
'WRadio
Internet \Vebsites
Ta~geted Written Solicitation Letteis
Broclmm
FILING REQUIREMENTS
Public media advertisements and targeted solicitatios letters are
required to be submitted to the Advertising Review Depa~lment u~lless
otherwise exempt under mle 7.07(d).
Public media ad\~ertisements ad targeted solicitation letters IIIIIS~
be submitted with a completed application form and $75 application fee
to the Advertising Review Department
DISTINIXION BEIV'EEN PRE-APPROVU AND PILING
re-approud
A lawyer may subnut lus!l~er adverlisen~ent or written comn~m~icatio~l
to the Advertising Review Depa~lment to obfain an admncetl adviso~y
If a layer chooses not to seek pre-approval, he or she must file
the advertisement simulta~eoesly ipoa fist publication. ll~e ad will
be reviewed and a response will be sent to the attorney. If the adve~
tisement contains violations, the Committee may offer the Iamyer Le
opportunity to correct a simple violation, or nay foward the matter
dicectly to the regional counsel's office for possible disciplinaq
action.
EXEMPTIONS PROM FILING
Totnhfone Infor.rrmfion
The Lanyer Advertising R111es mandate that lawyers subnut their
advertising materials mdess it is othe~wise exempt under Rule
7.07(d). The exemptions apply to advertisements that coorain only
professional ton~bstone information such as the following.
JoLn Doe, Attorney at hw
Personal lnju~): Family Lnw
12 Margatita Drive Amtin, TX 463-5858
Not Ceraed bgthe Texas Boald of Legal Specialization
Ii~cluding additional infor~uation may kick the ad ontside of the
exemptions and the attorney \v0111d then be required to submit the ad
to the State Bxr. Qpidx inclusion of generic statements about the
attorney or the legal seivices offered will make the ad fall outside of
tl~esemp(ions, for example: Quality Legal Services, \Ve u2l fight to
w i n your case, No fee if no recoveiy, Plxcticiag in Harris Comlty for 15
yeals, \Ve'll work l~ard on your ba~h~~ptcy case, etc. (See Rule
7.07(d)(l) for g~~idase)
Attome~s that send letters to indivirl~~als based on a specific occurrence
a ~d legal problem of \vIiich the lawyer is aware must submit the
letter and envelope along with the application form and fee to the
Ad\zertising Re\iev Department. Comnloii examples include letters to
individuals that have been arrested or have foreclos~~res listed on their
homes.
\kitten Communications that are exempt from submission include:
Lette~s to curre~~t or former clieuts or family member
Iiiformation requested by the prospective client
Letters that are not motivated by a speciGc occurrence and
legal problem
Comn~unications to other lawers
NOVEMBER 2001 WW.1CDU.COM VOICE FOR THE DEFENSE 21