Nevada Bar Rules for Attorney Advertising
If you are interested in redesigning your law firm's website or starting a new internet marketing campaign, it's vital that you start researching the Nevada Bar Rules of Professional Conduct. The Nevada Bar set forth regulations for attorneys wishing to advertise online. Those who fail to uphold these rules may be the subject of a type of disciplinary action or sanction.
If you want to understand the applicable bar rules for attorney advertising then it is important to read each rule. Some traditional marketing tactics may not be able to used for a Nevada lawyer's site. Many of the rules related to attorney advertising online in Nevada can be found at RPC §§ 7.1 to 7.5 in the section for Information About Legal Services. Any additional information or interpretations can be found in the Advertising Committee Rules (ACRs) and the Interpretive Guidelines.
These rules may seem restrictive in nature, however they serve an important purpose. Attorneys must be ethical with clients and each other, and the Rules of Professional Conduct corrects any inappropriate behavior or marketing strategies. Despite these rules, you can still maket effectively. Researching the mechanics of search engine algorithims, key terms, and other Internet marketing techniques can help you have a strong online presence.
Resources for Nevada Bar Rules
Nevada Rules of Professional Conduct - Visit the website for the Nevada Legislature to find the rules of professional conduct for attorneys in Nevada. Many of the rules that govern lawyer websites and internet marketing can be found in the section about Information about Legal Services. Also find commentary on the comparison with the model rules from the American Bar Association. Those rules include:
- Rule 7.1 for Communications Concerning a Lawyer's Services;
- Rule 7.2 for Advertising;
- Rule 7.2A for Advertising Filing Requirements; and
- Rule 7.2B for the Volunteer Advisory Committees; Pre-Dissemination Review;
- Rule 7.3 for Communications With Prospective Clients, and
- Rule 7.4 for Communication of Fields of Practice and Specialization.
Recent Amendments to the Rules of Professional Conduct 7.2, 7.2A and 7.3 - Learn more about an order recently issued by the Supreme Court of Nevada that amended the Rules of Professional Conduct (RPC) 7.2, 7.2A and 7.3. Those rules pertain to lawyer advertising, filing requirements for advertising and communications with perspective clients.
Rule 7.2A. Advertising Filing Requirements in Nevada - Visit the website for the State Bar of Nevada, to learn more about the mandatory reporting requirements. In Nevada, any lawyer that advertises must file ALL non-exempt advertisements pursuant to the requirements of RPC 7.2A. The mandatory filing requirements for advertisements in Nevada were last amended on April 9, 2018 by the state Bar of Nevada.
Lawyer Advertising Committees in Nevada - Learn more about the Lawyer Advertising Committees in Nevada. The committees include seven members in the north and seventeen members in the south plus two liaisons from the Board of Governors. It meets at least once per month to review all attorney advertisements submitted pursuant to RPC 7.2A, and render advance advisory opinions upon request. Each member serves a two year term with a lifetime term limit of twelve years.
Recent Amendments to Nevada Attorney Advertising Rules
Rule 7.2 concerning attorney advertising has been amended with certain disclaimers that are required in advertising legal services. This rule and rule 7.2 were put in effect on April 9, 2018. The following are those amendments:
- Use of Actors - Attorneys who use actors to portray lawyers, clients, members of the firm, or used to depict fictionalized scenes must be disclosed as actors in the ad. The disclosure must specifically indicate who in the advertisement is an actor, and the disclaimer must appear throughout the duration of the advertisement.
- Areas of Practice – All advertisements and endorsements much indicate one or more areas of law in which the lawyer practices in.
- Responsibilities for Content – Any advertisements must identify the name of at least one lawyer who is responsible for the content.
- Contingency Fees – All written endorsements or ads must indicate that there may be contingency fees must include a disclaimer that the client may be liable for the opposing party’s feeds and costs.
- Quality of Services – Any kind of statement that characterize the lawyer’s quality of services can be subject to the state Bar, client, or perspective client’s request for proof of verification
- Range of Fees – Lawyers who promotes a specific fee or fees, must include when the fee is in effect and any other conditions that are associated with the fees.
- Past Result Statements – Any advertising with statements of past successes must be communicated by the lawyer or member of the law firm that served as lead counsel or was responsible for the outcome. Additionally, the statement must be accompanied by a disclaimer that states one outcome does not guarantee future successful cases. If the successful result included a monetary sum for damages, then the lawyer can post it. However, the client must have actually received the sum, the nature of the case and injuries must be disclosed, and any attorney fee or litigation expenses withheld from the amount must be disclosed.
- Law Directories – Lawyers can include law lists and/or law directories in their advertisements.
Amendments to Nevada Attorney Filing Requirements
Lawyers must fulfil certain requirements when filing an advertisement with the Nevada Bar. The following are the filing requirements for Nevada attorneys.
- Attorneys or law firms must file with the state Bar a copy or recording of all advertisements for legal services;
- Submissions shall be in the correct format provided by the bar within 15 days of airing the ad or displaying the written or recorded information. Additionally, attorneys must fill out a form supplied by the state Bar of Nevada, and a filing fee.
Websites are not considered advertisements and do not have to follow these filing requirements. Attorneys who choose not to file their advertisements may be grounds for disciplinary action. The statute of limitations for this violation is four years and begins on the date the advertisement the bar counsel is aware of the advertisement.
Last updated on Thursday, October 11, 2018.