Frequently Asked Questions
(Including Questions Regarding the Advertising Rule Revisions Effective June 1, 2005)

(Unless otherwise noted, the use of the term "ad" or "advertisement" also refers to written, electronic, and digital solicitations. The term ARC denotes the Advertising Review Committee. TDRPC indicates the Texas Disciplinary Rules of Professional Conduct. The word "Rule(s)" refers to the Rules contained within Part VII of the TDRPC.)

1. Where can I find the new Rules for lawyer advertising and the application form to submit 
    materials to the State Bar of Texas?

The lawyer advertising Rules can be found in Part VII of the TDRPC that went into effect July 1995 and were revised effective June 1, 2005. The revisions to the Rules that go into effect June 1, 2005, can be located at our web site by clicking here. The old Rules and the application form are also located on that web site. If you have any questions, please call the Advertising Review Department at 1-800-566-4616 or by emailing the department staff at adreview@texasbar.com.

2. How do I submit advertisements to the State Bar of Texas?

An advertising lawyer must submit two copies of his or her advertisement, two copies of the completed application form (click here to be forwarded to the site where you can download the application form) and a $75 filing fee (payable by check or money order to the State Bar of Texas or by one of the following credit cards only: American Express, MasterCard or Visa).

If the ad is a television or radio spot, two production scripts must be submitted along with one recording of the commercial (either on CD, DVD or VHS cassette). (If requesting pre-approval of the ad prior to the actual production of the commercial, two copies of the script can be submitted and pre-approved with the lawyer submitting a recording of the ad immediately following the advertisement's production.)

If the advertisement is a written solicitation, two copies of the letter and two copies of the envelope or packaging must be submitted for review.
Two copies of the emails must be submitted if a solicitation communication.

For print advertisements, two copies of the ad itself must be submitted.

For web sites, two printed copies of the initial access page (homepage) and a statement of the URL address of the web site must be submitted (see Interpretive Comment 17) to the ARC.

3. Do all advertisements have to be submitted to the State Bar of Texas?

No. Not all advertisements are required to be submitted for review. Some ads may be exempt from the submission requirements. Rule 7.07(e), TDRPC, provides a list of items that if are the only items listed in an advertisement, the ad is exempt from the submission requirement. Click here (pdf) to view Part VII of the TDRPC. If an ad does not list only the items listed in the Rule, the lawyer MUST file the ad with the State Bar of Texas ARC..

4. Must ads published prior to the revised Part VII, TDRPC, effective June 1, 2005 be filed 
    again?

Sometimes. If an advertisement published prior to June 1, 2005 was compliant with the prior Rules and had been filed as required by Part 7.07, TDRPC (click here (pdf) to review the Rules), there advertisement is not required to be submitted for review again, unless the change in the ad is required to bring the advertisement into compliance with the new Rules.

If the advertising lawyer determines that no modifications to the ad are necessary to comply with the Rules effective June 1, 2005, no filing is necessary. However, if challenged, the burden rests on the advertising attorney to demonstrate compliance.

If the advertising lawyer alters a previously approved advertisement to attain compliance with the Rules, or for any other reason, and the change is substantive, the ad must be filed with a new application and fee (see question #2 for filing procedures). The ARC's longstanding position that altered advertisements constitute new advertisements is in effect with this kind of modification.

To remedy any of the above situations, the pre-approval process is available to review existing ads for compliance with the modified Rules. Since each ad is unique, no general statement can be made whether a particular alteration of an ad constitutes a substantive change or assures compliance. When the ARC reviews whether an advertisement is false or misleading under these Rules, each advertisement is viewed in its entirety.

5. What happens if I don't submit my non-exempt advertisement for review?

Failure to file a non-exempt ad is a violation of the Texas Disciplinary Rules of Professional Conduct. If the ad comes to the ARC's attention that a lawyer has not filed an ad, the ARC has the ability to assess a $225 fee and $75 review fee for failure to comply with the filing requirements. The ARC may also forward a lawyer's ad to the Bar's Chief Disciplinary Counsel for entry into the Bar's disciplinary system.

6. Do I have to get my advertisement approved before I can disseminate it?

No. A lawyer is not required to seek pre-approval before disseminating an ad. The ARC recommends pre-approval to avoid any cost overruns on production of an advertisement but it is not a requirement. If an ad does not meet the filing exemptions described in Rule 7.07(e), TDRPC (click here (pdf) for the Rules), it is mandatory that the advertisement be submitted for review upon first dissemination.

7. What is the difference between a pre-approval and a filing?

Pre-approval is when a lawyer submits his or her material to the Advertising Review Department at least thirty (30) days prior to first dissemination of the material. (NOTE: In the case of an advertisement for a telephone directory or similar publication, in order to request a pre-approval, the lawyer must submit his or her ad to the Bar at least thirty (30) days.) The ARC will review the ad for violations and respond to the applicant within twenty-five (25) days from the date of receipt. The response will either approve the ad or provide a description of the different Rule(s) violations. If violations are noted on the advertisement, the attorney is given twenty (20) days to provide the corrected advertisement to the ARC, if he or she intends to disseminate the ad. A pre-approval opinion issued by the ARC, is binding in favor of the attorney in any subsequent disciplinary proceeding concerning the ad.

A filing is indicated when a lawyer cannot submit the advertisement in less than thirty (30) days of its first dissemination or if the ad is already in public dissemination. Once filed, the ad is reviewed for applicable violations, and if none are present, a written approval notice is sent to the attorney. If an advertisement has any violations, the nature of the violations will determine the next steps in the review process. The ARC will either (1) inform the attorney of the violations, or (2) refer the matter to the Bar's Chief Disciplinary Counsel for entry into the disciplinary system. If the former occurs, the lawyer is then given ten (10) days to stop dissemination of the advertisement immediately and respond back to the ARC with either a corrected ad or a notice that the advertisement's dissemination had been permanently ended.

There is a space on the application form where a lawyer must indicate whether their submission is for a filing or pre-approval. If submitted as a filing, the lawyer must indicate the date of the advertisement's first dissemination. If the ad is submitted for pre-approval, the lawyer is not required to provide the first dissemination date.

8. There are some aspects of the lawyer advertising Rules that I just don't understand. Are
     there any additional guidelines available that can help me more clearly understand these
     Rules?

Yes. In an effort to better assist attorneys, the ARC developed interpretive comments that outline the ARC's specific interpretations of certain Rules. These comments, along with other helpful information sources, can be obtained on the Advertising Review Department's site by clicking here. If a lawyer needs a paper copy of these documents or have any questions about these interpretive comments, please call 1-800-566-4616 or email the department at adreview@texasbar.com.

9. How do these Rules apply to Internet web sites?

Web sites are considered to be a form of public media advertisements. Lawyers or law firms that post web sites online must submit two printed copies of the homepage of the web site to the ARC along with two copies of the completed application form and a payment for the $75 fee (see question #2 for submission procedures) unless the information on the web site fits within the exemptions in Rule 7.07(e), TDRPC. The homepage must contain the appropriate disclaimers and disclosures where applicable. (Please see Interpretive Comment 17 for further details about filing web sites and the requirements to bring them into compliance with the Rules by clicking here).

10. Do I have to submit my advertisement for review every year?

No. Once an ad has been approved by the ARC, the lawyer is not required to resubmit an advertisement unless a substantive modification is made to the ad. According to the ARC, a simple change of street address or numeric phone number does not constitute a substantive change. However, any other addition, deletion or text edit requires that the ad be submitted with a new application form and filing fee. (For ads approved prior to the rules revisions, effective June 1, 2005, see FAQ # 4)

11. What is the status of the disclaimer statement "Not Certified by the Texas Board of 
      Legal Specialization"? Are lawyers still required to include the disclaimer in 
      advertisements?

Any advertisement that discusses anything about one or more area(s) of practice must contain some type of disclaimer concerning the advertising lawyer's board certification when disseminated before June 1, 2005. All advertisements disseminated after that date that list anything related to a field of law will not be required to provide any disclaimer statement concerning the lawyer's board certification. Please review the revisions to the Advertising Rules by clicking here.

12. What am I required to do if all I want to do is remove the "board certification" disclaimer        from my previously-approved advertisement?

In most cases, if the advertisement has been filed and approved by the ARC under the Rules prior to June 1, 2005 AND the advertisement would be in compliance with the Rules effective as of June 1, 2005, the removal of the "board certification" disclaimer would not trigger the need to submit a new application and review fee for the ad.

13. Can the department staff tell me over the phone if my ad is exempt? If I fax or otherwise 
      send my ad to staff or describe them over the phone, can they give me an opinion or 
      point out violations?

No. The staff of the Advertising Review Department does not give official opinions over the telephone nor do they accept faxed or delivered advertisements for initial review. In order to obtain an official review, a lawyer must send a copy of the advertisement along with the application form and filing fee to the State Bar of Texas. If the lawyer is not certain whether he or she should submit the ad, he or she is advised to review Rule 7.07(e), TDRPC, which outlines the exemptions for submissions. If still unsure, the lawyer may submit the ad for review out of an abundance of caution. The staff can answer general questions and guide a lawyer to the appropriate Rule(s) but cannot make any determinations of an ads' exemption status.

14. What are some of the most common mistakes that lawyers make with regard to these 
       advertising Rules?

• Many lawyers fail to recognize the importance of the mandatory filing of non-exempt advertisements within the correct time frame.
  
  
• Some lawyers do not take advantage of the option to have the ARC provide an advisory opinion of an ad to check for compliance with the Rules before its dissemination.
  
  
• Other attorneys do not make even a cursory effort to read and comprehend the Rules before submitting advertisements. Click here to read the Rules.
  
  
• Publication deadlines can cause mistakes when submitting ads, especially in the case of most telephone directory advertisements.
  
  
• The lack of understanding by lawyers that violation(s) of the Rules may subject an attorney to the grievance process and result in sanctions by the State Bar of Texas.

For more information, contact:
The Advertising Review Committee
c/o State Bar of Texas
P.O. Box 12487
Austin, TX 78711-2487
Telephone: 1-800-566-4616
Fax: 512-463-7399
Attention: Gene Majors