Plain Meaning
The Louisiana Attorney Disciplinary Board agreed with a hearing committee that a “Super Lawyers” ad did not violate ethics rules
It is apparent from the Committee’s reasoning that the Committee concluded that the Stipulation limited ODC’s objection to exemption to the question of whether or not the photograph in the advertisement was taken before a plain background. Concluding that one could reasonably believe that the background here was a plain background, the Committee found no rule violation and recommended dismissal.
The Board agrees. The Board finds that prior to the hearing, the parties entered into a joint Stipulation which narrowed the issues in dispute in this matter. The issue of whether or not Respondent’s law firm’s advertisement/profile was outside of the “safe harbor” provisions of Rule 7.2(b)(1) was, by stipulation of the parties, limited to the question of whether or not the photograph was taken before a plain background. The Committee concluded and the Board concurs that a reasonable person could consider the background of the photograph in question to be “plain.” Thus, the photograph falls within the “safe harbor” provision. Consequently, given the particular facts and circumstances present in this matter, including the joint Stipulation entered into by the parties, Respondent did not violate Rule 7.7(c) by not pre-submitting the advertisement/profile for review and the charges against Respondent should be dismissed.
Allegation
ODC has obtained documentation confirming that Super Lawyers has an application available for free on the Apple App Store. The Super Lawyers’ website confirms that a similar application is available on the Google Play Store. The listing for the Apple version of the application includes these relevant details:
1. Super Lawyers is available in “ABA-approved law school libraries” and as “a special section in leading city and regional magazines across the country.[”]
2. “Consumers can rely on Super Lawyers to find an attorney or to validate their choice of an attorney.”
3. Super Lawyers “can be used as a resource for attorneys and consumers seeking legal counsel.”
The evidence confirms Super Lawyers is available to the general public and allegedly intended to help the consumer of legal service make an informed choice when selecting an attorney.
The photograph in your Super Lawyers advertisement is unquestionably not “against a plain background.” The advertisement did not fall within the “safe harbor” provisions of Rule 7.2(b)[1](K) and was not exempt from the filing requirement.
(Mike Frisch)