Proposed Changes to the KY Bar Association Attorney Advertising Rules

This is where practicing law in multiple states really becomes fun. I practice law and advertise and market my services to nurses in Ohio, Kentucky, and Indiana.

Ohio and Indiana of course have rules related to advertising but Kentucky has an Attorney Advertising Commission. Does you state have a commission also? What has been your experiences with attorney advertising? Do you think a commission is needed to "prescreen" certain advertisements?

I understand the public protection argument but its gets ridiculous at times when the state becomes invovled in attorney advertising. You cannot regulate good taste with attorney advertising rules and in my opinion the rules are becoming more and more convoluted in Kentucky.  

See

http://www.kybar.org/documents/advertising/AAC_prop_regs_082808.pdf

Comments

[Stephen Howard]

All attorney ads in Texas have to be approved. There is a list of what you can and can't say or do. The Bar Association reviews the proposed ad, website or other media for a small fee. Then they send you an approval saying you can use the ad, but that the certification does not absolve you of prosecution if the ad is found later to be in non-compliance.

I see the need to have standards in attorney advertising but the process here seems to simply be a barrier to entry and a way for the bar association to make money.

My largest issues with the screening process are that the review does nothing to protect you, and that there are already so many truth in advertising laws and deceptive trade practices act protections that the bar review is redundant.

[Latonia Denise Wright]

I too believe the Bar review is redundant and it cost me $50.00 for each advertisement. I have paid $300.00 already this year to the KBA for advertisements.

Do other licensed professionals in your state have the same or similiar safeguards for advertising to the public? Do you think its the same or different for other licensed professionals who advertise?

[Karl Truman]

Indiana should adopt a pre-approval process for attorney advertisements like Kentucky has. Under the Kentucky rules, if your ad is pre-approved, you are immune from any disciplinary action. However, in Indiana, the only way an attorney knows if he has violated a rule is when he receives a disciplinary complaint. Karl Truman practices in both Indiana and Kentucky. For more information look at www.TrumanLaw.com

[latonia]

There are benefits to KY's process and as you indicated this is one of them although I find it cumbersome to submit everything marketing or advertising related to the KBA if I plan to submit it to KY nurses. The KBA had to also approve my website. The KBA is handoffs for now with blogs. Practicing in three states, OH, KY, and IN has given me an appreciation of the advertising rules in all three.