Lawyer advertising plays a crucial role in informing the public about available legal services and enabling attorneys to reach potential clients. Beyond word-of-mouth referrals, advertising offers a structured approach for lawyers to communicate their expertise and services. However, the legal profession diligently regulates lawyer advertising to maintain ethical standards and protect the public interest.
In Nevada, the State Bar of Nevada has established a dedicated Lawyer Advertising Advisory Committee. This committee is tasked with ensuring that all lawyer advertising complies with the Nevada Rules of Professional Conduct (NRPC) 7.1 through 7.5 and Supreme Court Rule 106. To assist attorneys in navigating these regulations, the State Bar provides comprehensive Lawyer Advertising Interpretive Guidelines. It is mandatory for lawyers to submit any paid advertisements to the Advertising Advisory Committee for review.
Understanding Nevada’s Lawyer Advertising Filing Process
The Nevada State Bar requires a structured process for filing Lawyer Advertisements, depending on whether you seek pre-approval or are filing post-dissemination. Here’s a breakdown of the requirements based on the relevant Nevada Rules of Professional Conduct.
Post-Dissemination Filing (NRPC 7.2A)
According to NRPC 7.2A, if you are filing an advertisement after it has already been made public, you must adhere to the following steps:
- Timely Submission: Advertisements must be submitted to the Lawyer Advertising Advisory Committee within 15 days of the date they were first distributed or made accessible to the public.
- Individual Filing: Each unique advertisement requires a separate submission. You cannot group multiple advertisements under a single filing.
- Required Form and Fee: Each submission must be accompanied by the official Advertising Filing Form and a non-refundable fee of $100.
- Advertisement Copy: A complete copy of the advertisement itself must be included with the filing form. Acceptable file formats for upload include Adobe PDF, Microsoft WORD, MP4, MP3, and others.
- Print Advertisement Specifications: For print advertisements, submissions must be in color. If the advertisement is distributed via mail, you must also include color copies of both the front and back of the envelope used for mailing.
- Audio and Video Requirements: For any audio or video advertisements, a complete written transcript of all spoken content is mandatory. If the advertisement is in a language other than English, a complete English translation of the transcript must also be provided.
Pre-Dissemination Review (NRPC 7.2B)
For attorneys who prefer to ensure compliance before launching an advertisement, NRPC 7.2B offers the option of pre-dissemination review. This process allows you to receive an advisory opinion on your advertisement’s adherence to the rules before it is made public.
- Voluntary Pre-Review: Submitting for pre-dissemination review is optional but highly recommended for mitigating potential compliance issues.
- Filing Requirements: To request a pre-dissemination opinion, you must submit the Advertising Filing Form and a non-refundable fee of $250.
- Review Timeline: The Advertising Advisory Committee will review your submission and issue a formal opinion within thirty (30) days of receipt.
- Binding Opinion: A key benefit of pre-dissemination review is that a positive opinion of compliance is binding on all disciplinary panels. This protection applies as long as all information provided during the review process was accurate and not misleading.
Resources and Further Information
Submitting your lawyer advertisement filings is streamlined through the online Advertising Filing Form. Upon submission and payment, you will receive an email confirmation. Unless the Advertising Committee identifies a potential rule violation, this confirmation serves as the final communication regarding your filing. Potential violations are forwarded to the Office of Bar Counsel for further investigation.
For any questions or assistance regarding the filing process, instructions, or the Advertising Filing Forms, please contact Robert Horne, Communications Manager at [email protected] or 702-382-2200.
Advertising Opportunities with Nevada Lawyer Magazine
Beyond general advertising, the State Bar of Nevada also offers advertising opportunities within its Nevada Lawyer magazine. For details on advertising in this publication, please visit the Nevada Lawyer page. You can also contact the State Bar of Nevada and request to speak with a member of the Publications Department for inquiries specifically related to magazine advertising.
By understanding and adhering to the lawyer advertisement rules and utilizing the resources provided by the State Bar of Nevada, attorneys can effectively promote their services while upholding the ethical standards of the legal profession.