SCR 3.130 KENTUCKY RULES OF PROFESSIONAL CONDUCT

INFORMATION ABOUT LEGAL SERVICES

Current with amendments received through  6/30/99

SCR 3.130(7.06) DISAPPROVAL OF ADVERTISEMENTS

(1) In the event the Commission finds that there are reasonable grounds to believe that an advertisement, other than an advertisement which has previously been approved, and which approval has not been withdrawn, or has previously been deemed approved under Rule 7.05(2), does not comply with the requirements of this rule, it shall immediately issue a notice in writing of proposed disapproval setting forth the factual and legal basis for the proposed disapproval. In the notice of proposed disapproval, the Commission shall provide an opportunity for a hearing before one or more of its members or a hearing officer appointed by the Commission and for the filing of a brief. After consideration of any information submitted to it, the Commission shall issue its final decision in writing. It shall be the duty of the Commission to seek informal resolution prior to issuing a formal decision. In arriving at such decision, the Commission shall consider modification of the advertisement or the disapproval decision.

(2) In the event the Commission has issued a notice of proposed disapproval and has further determined that the publication of the advertisement may be contrary to the public interest, it shall notify the attorney whose advertisement is under consideration and the Director of the Association. The Director may upon receiving such notification bring an action in compliance with this Rule.

(3) If an advertisement is subsequently discovered to be false, misleading or deceptive, the Commission may notify the advertising attorney and all prior approval of such advertisement shall be deemed not to apply to subsequent use thereof.

Adopted by Order 92-1, eff. 8-1-92

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