Reasonably Plain

The Louisiana Attorney Disciplinary Board agreed with a hearing committee that a Super Lawyers ad did not violate ethics rules

On July 26, 2021, ODC filed its brief to the Board. ODC contended that the item which was publicized in Super Lawyers was an advertisement and that Respondent violated Rule 7.7(c) by failing to file the advertisement with the LSBA. ODC acknowledged that the content of the advertisement was compliant with the Rules, but argued that the fact that an advertisement may be compliant does not relieve the lawyer from the requirement of filing it with the LSBA. ODC disagreed with the Committee’s conclusion that the background of the photo could reasonably be considered to be plain. ODC additionally argued that the advertisement goes beyond the “safe harbor” provisions for reasons unrelated to the photograph and that the Committee should not have limited its review to the photograph. ODC further submitted that Respondent should be publicly reprimanded.

Nope

Having reviewed and considered all of the evidence presented in this matter and for the reasons outlined above, the Board finds that ODC has failed to carry its burden of proof by clear and convincing evidence that Respondent violated the Rules of Professional Conduct as charged. Therefore, the Board orders that the charges filed against Respondent be dismissed.