Page 309 - 2020OrientationBOG
P. 309

Rule Information
               • Lawyer Advertising Rules, effective 10-01-2009 (**as amended through 06-02-2016)
               • LSBA Handbook on Lawyer Advertising and Solicitation (First Edition, October/November
               2008)
               • History of LSBA Proposal for the new Rules

               • Filing
               Please note that an advertisement/communication is not considered “filed” until it has been
               actually received and “clocked-in” by LSBA Ethics Counsel, i.e., the date an item is placed
               within the mail to be sent to the LSBA generally does not constitute the date of “filing.”  Please
               note, also, that “filings” are NOT accepted via email or fax.

               To be “concurrent”, a “filing” must be received by the LSBA no later than the date of first
               use/dissemination of the advertisement/communication (i.e., typically, received by the LSBA on
               the same day as first use/dissemination).

               • Exempt and Compliant
               A list of advertisements/communications that are “exempt” from the filing requirement can be
               found in Rule 7.8.  It should be noted, of course, that “exempt” does not necessarily mean
               “compliant” with the Rules – “exempt” means merely that the Rules do not require filing with
               the LSBA but still impose upon the individual lawyer the obligation to reasonably ensure
               compliance with the Rules.
               • In short, ALL advertisements and unsolicited communications-exempt and non-exempt-must
               be compliant with the Rules, or the lawyer risks potential professional discipline.

               Questions, comments or suggestions regarding the lawyer advertising and solicitation Rules, the
               advertising filing and evaluation process, etc., may be directed to:  Ethics Counsel, Richard P.
               Lemmler, Jr., 601 St. Charles Avenue, New Orleans, LA 70130; direct dial: (504) 619-0144; fax:
               (504) 598-6753.

               LSBA Lawyer Fee Dispute Resolution Program


                       The LSBA Lawyer Fee Dispute Resolution Program was created to provide quick, low
               cost, and confidential solutions to fee disputes between clients and attorneys, or between two or
               more attorneys, as an alternative to going through the court system.
                       Although most lawyer-client relationships are concluded without fee disputes,
               controversies occasionally arise.  There are two ways to start the LSBA legal fee dispute
               resolution process: 1) by Demand for Arbitration or (2) by Submission to Arbitration.
               Arbitration is a voluntary process in the absence of an existing arbitration clause.  If the parties to
               the fee dispute have agreed in advance to arbitration, the party wishing to start an arbitration
               proceeding makes a demand that the advance agreement be honored.   Usually such advance
               agreement is in the form of an arbitration clause within the attorney’s fee contract, with that
               clause providing for arbitration under the LSBA rules.
                       If there is no advance agreement, the parties may agree after the dispute arises to submit
               their dispute to arbitration.  This is called submission.  If only one party submits a matter for
               possible arbitration, the LSBA will contact the opposing party and seek their participation in the
               arbitration process. Although initial submission is voluntary, once both parties agree to arbitrate,
               the final arbitration award is binding.
                       Disputes can be between a client and attorney, or between two or more attorneys.  The
               administrative cost is extremely low.  The administrative fee schedule is as follows:
                              Disputes between Attorney\Client under $10,000 - $50 per party
                              Disputes $10,000 and over -$100 per party
   304   305   306   307   308   309   310   311   312   313   314