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Court delays new rules for lawyer ads; injury lawyers sue

07:51 PM CDT on Friday, October 31, 2008

Associated Press

NEW ORLEANS -- The Louisiana Supreme Court is delaying the implementation of new rules governing the content of advertising by lawyers in the state, the court announced Friday.

Moving the date when the rules take effect from Dec. 1 to April 1 allows for more time to resolve a federal lawsuit that claims the restrictions are unconstitutional, Chief Justice Pascal Calogero, Jr., said in a statement.

Public Citizen Inc., a national consumer advocacy group, joined personal-injury attorneys Morris Bart, of New Orleans, and William Gee III, of Lafayette, in suing over the new rules.

The new rules prevent lawyers from promising "results" or referring to "past successes" and bar them from using nicknames or mottos that imply an ability to get results. The plaintiffs' lawsuit also claims the rules impose a broad ban on the use of client testimonials, actors' endorsements and re-enactments.

A committee will review the ads' contents. Attorneys who break the rules could suffer professional sanctions.

Calogero says the rules are designed to protect the public from misleading ads and preserve the integrity of the legal profession. Bart, Gee and Public Citizen say they trample on lawyers' rights to freedom of speech.

Dane Ciolino, a lawyer for the plaintiffs, said he welcomes the four-month delay.

"It doesn't really change much," he said. "This just gives everybody more of an opportunity to thoroughly consider the constitutional issues with these new rules."

(Copyright 2008 by The Associated Press. All Rights Reserved.)