Current with amendments received through 6/30/99
SCR 3.130(7.05) APPROVAL OF ADVERTISEMENTS
No attorney may advertise unless the attorney complies with either SCR 3.130, Rule 7.05 (1) or (2).
(1) (a) An attorney may employ the following in an advertisement:
1. Name, including name of law firm and names of professional associates, addresses and telephone numbers;
2. One or more fields of law in which the lawyer or law firm practices, or a statement that practice is limited to one or more fields of law, to the extent authorized under Rule 7.40;
3. Date and place of birth;
4. Date and place of admission to the bar of state and federal courts;
5. Schools attended, with dates of graduation, degrees and other scholastic distinctions;
6. Public or quasi-public offices;
7. Military services;
9. Teaching positions;
10. Memberships, offices and committee assignments, in bar associations;
11. Membership and offices in legal fraternities and legal societies;
12. Technical and professional licenses;
13. Memberships in scientific, technical and professional associations and societies;
14. Foreign language ability;
15. Names and addresses of bank references;
16. With their written consent, names of clients regularly represented;
17. Prepaid or group legal services programs in which the lawyer participates;
18. Whether credit cards or other credit arrangements are accepted;
19. Office and telephone answering service hours;
20. Fee for an initial consultation;
21. Availability upon request of a written schedule of fees and/or an estimate of the fee to be charged for specific services;
22. Contingent fee rates provided that the statement discloses whether percentages are computed before or after deduction of court costs and case expenses;
23. Range of fees for services, provided that the statement discloses that the specific fee within the range which will be charged will vary depending upon the particular matter to be handled for each client and the client is entitled without obligation to an estimate of the fee within the range likely to be charged, in print size equivalent to the largest print used in setting forth the fee information;
24. Hourly rate, provided that the statement discloses that the total fee charged will depend upon the number of hours which must be devoted to the particular matter to be handled for each client and the client is entitled to without obligation an estimate of the fee likely to be charged, in print size at least equivalent to the largest print used in setting forth the fee information;
25. Fixed fees for specific legal services to the extent authorized under these Rules; or
26. Any other information specified in any regulation adopted by the Commission. Any attorney may petition the Commission for the adoption of such a regulation in which case the petition shall be published as provided in these Rules.
(b) Simultaneously with the publication of any advertisement under this subsection, the attorney shall mail to the Commission, c/o the Director of the Kentucky Bar Association, a copy of the advertisement, or if by radio or television, a fair and accurate representation of the advertisement plus a typed transcript of the words spoken. Any advertisement mailed or delivered to an individual addressee or addressees, shall be mailed to the Commission. A list of all persons or firms or groups to whom the advertisement has been sent shall be maintained in the principal office in Kentucky of the advertising lawyer or firm for a period of two (2) years and shall be made available for inspection by authorized representatives of the Commission at any reasonable time.
(2) Three (3) copies of a fair and accurate representation of any advertisement that does not qualify under Rule 7.05(1) shall be delivered to the Commission, c/o the Director, at the Director's office, during normal office hours on a work day, no fewer than thirty (30) days before such advertisement is used. The fair and accurate representation of a broadcast media advertisement shall include appropriate video cassette or audio cassette copies along with a typed transcript of the advertisement. A filing fee of $50.00 for each advertisement filed under this subsection shall accompany each filing and the thirty (30) day period in which the Commission must respond shall not begin until the filing fee has been received by the Commission c/o the Director at the Director's office. In the event the Commission or any member thereof, or their designee, does not issue a notice of proposed disapproval under Rule 7.06 by the end of the 30th day following receipt of such advertisement and filing fee, the advertisement shall be deemed approved. No approval so obtained shall constitute a defense against charges made under this rule or any other rule if the advertisement shall be subsequently determined to contain false, misleading, or deceptive information.
Amended by Order 97-3, eff. 3-1-98; prior amendment eff. 11-1-95; adopted eff. 8-1-92
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