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Professional Requirements

For Attorneys

Advertising Review

Completing the Application Form

To correctly complete the application form, you must fill out the following sections with the appropriate information:

1. Lawyer – Choose one lawyer for the firm who will be responsible for submitting the advertisement. Do not write more than one lawyer’s name or the law firm name in that space provided.

2. Bar Card # - Provide the Bar Card Number for the lawyer who is taking responsibility for submitting the advertisement.

3. Firm – Place the firm’s name in that space.

4. Firm’s Principal Office Address – Write in the firm’s main mailing address or the mailing address of the lawyer submitting the advertisement, if the law firm has multiple principal offices.

5. Phone – Complete this space with the telephone number of the lawyer submitting the advertisement.

6. Fax – Place the fax number that could be best used to contact the submitting lawyer.

7. E-mail – Provide an email address of the lawyer submitting the ad that State Bar staff can use to contact the him or her.

8. Nature of the advertisement or solicitation - Indicate what type advertisement or solicitation communication is being submitted, Letter, Telephone Directory, Magazine/Newspaper, Television/Radio, Brochure/Newsletter, Website or Other (Billboards, etc.). For website URLs, please write the URL where the website will be located for public access in the space provided. For websites submitted for pre-approval that are located on a development website, you may also write the URL of the development website so that State Bar staff can access it during the review.

9. Does the applicant seek pre-approval? – Indicate Yes (pre-approval) when the lawyer is submitting the advertisement at least thirty (30) days in advance of when they plan to begin its dissemination. Indicate No (filing) when the ad is being submitted around the time it will be first disseminated. If you answered No (filing), you must provide the date the advertisement was first disseminated in the indicated space at the top of the second page.

10. Is it likely that a case or matter resulting from the advertisement or solicitation will be referred to another lawyer or law firm? – Answer this question Yes if more than 50% of the cases generated from the advertisement will be referred to other lawyers or law firms. The lawyer needs to review Rule 7.04(l) of the Texas Disciplinary Rules of Professional Conduct (TDRPC), if a Yes response is indicated. Answer No, if this is not the case.

11. Does the advertisement or solicitation disclose or allude to a specific fee, range of fees, or that the lawyer or law firm will render services on a contingent fee basis? – Answer Yes if the lawyer discloses any references to fees, contingent or otherwise; and the lawyer must read Rules 7.04(h) and (i), TDRPC. Reply No if this does not apply.

12. Does the advertisement or solicitation disclose the existence of an office other than the firm’s principal office? – If the ad talks about more than one city location for the firm, the firm must reply with a Yes response. If this is not the case in this ad, please answer with a No response. If Yes is indicated, the law firm must answer the second question that asks, “If you answered Yes, is the satellite office staffed by a lawyer at least three days per week?” If the answer to the second is Yes or No, indicate so on the form. If No is indicated, the lawyer must pay attention to Rule 7.04(j)(2), TDRPC.

13. Does the advertisement or solicitation designate or allude to one or more specific areas of practice? – If the law firm lists fields of law or mentions anything related to one or many fields of law, then the answer must be Yes. If no fields of law or anything tied o any field of law are mentioned, then reply with No. If Yes is indicated, the lawyer must answer the second question, “If you answered Yes, is the lawyer board certified in the areas of practice advertised?” If the answer is Yes to that question, the lawyer can use the words specialized or certified in the ad [See Rule 7.02(c), TDRPC]. Otherwise, reply with a No response.

14. Has another lawyer or law firm paid for any part of the advertisement or solicitation? - Answer yes if another lawyer or law firm participated in the funding for the advertisement. If another lawyer or law firm has paid for any portion of the advertisement, you must provide their name and law firm on the space next to the statement, “If you answered Yes, identify the lawyer or law firm,” and review Rule 7004(o) and (p), TDRPC.

15. In what geographic location(s) will the advertisement be disseminated? – Provide a list of cities, counties, regions or states in which this advertisement will be disseminated.

16. Identify any lawyers depicted in the advertisement. – Name any lawyers from the advertising law firm who are named or whose images are used in the ad.

17. Identify any actual clients depicted in the advertisement along with such clients’ addresses and phone numbers. – Provide a list of names, addresses and phone numbers of any current or former client whose images are used, legal stories are used or are quoted in the advertisement.

18. Payment by credit card: - If a lawyer is using a credit card to pay the $75 review fee or $300 non-filer fee-fine, then they must complete this section with the Name of the cardholder, indicate the type of credit card (MC, Amex, Visa only) and the dollar amount they are paying (either $75 or $300), the Credit Card Number and its Date of Expiration. If the lawyer is paying by check or money order, DO NOT complete this section.

19. The lawyer must finally sign and date the form in the Signature of Applicant and Date sections at the bottom of the second page.

All other sections of the application form are for Committee use only and must not be completed by the submitting lawyer or their representative.

If more than one lawyer in a firm appears in an advertisement for the firm, only one lawyer from that firm needs to file the advertisement for the firm.

If more than one lawyer appears in the advertisement and each one is from separate firms, then one advertisement must be filed by one of the lawyers in each of the firms appearing in the advertisement. Those lawyers must also review Rule 7.04(o) and (p), TDRPC.