The Nevada Supreme Court, responding to a petition filed in
December 2009 by the State Bar of Nevada seeking tighter rules for advertising
on television, in print and on websites, has adopted new rules of professional
conduct meant to prevent lawyers from putting out misleading advertisements to
attract clients.
In advocating full disclosure particularly in TV ads, the
state bar said, “Typically, the use of undisclosed actors was typically
found to be misleading when used to portray attorneys, staff and or clients,
and in dramatizations where it was not immediately apparent whether the client
testimony was true or fictional.”
Under the new rules that will go into effect in December,
actors in television ads must henceforth be identified be identified as such.
Also, when attorneys boast of obtaining cash judgements or settlements, they
must disclose what the client actually received, minus lawyer and court fees.
It states, “If the past successes or results obtained include a monetary
sum, the amount involved must have been actually received by the client and the
reference must be accompanied by adequate information regarding the
nature of the case or matter and the damages or injuries sustained by the client,
and if the gross amount is stated, the attorney fees and litigation expenses
withheld from the amount must be stated as well.” The attorney or law firm
behind ads should also include a statement that “past results do not
guarantee, warrant or predict future cases.”
The amended rules, entered as ADKT No. 445, is available for
download on the state bar's
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