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Frequently Asked Questions Regarding the New Advertising Rules General Principles
Questions About Filing Advertisements Electronically Through E-Services
Random Review of Advertisements
Attorney advertising is any communication made by a lawyer or law firm about the lawyer or law firm or about the legal services offered by the lawyer or law firm. 2. What must attorneys do to comply with the mandatory filing rules regarding attorney advertisements? Practice Book §2-28A and Rule 14 of the Statewide Grievance Committee Rules of Procedure require attorneys, with limited exceptions, to file a copy of a legal advertisement with the Statewide Grievance Committee prior to or concurrently with the first dissemination of it. The filing must be done electronically through Judicial Branch E-Services. In light of certain technical restrictions, a portion of some filings (e.g. multi-media advertisements) will be done by non-electronic means. 3. Are some types of advertisements exempt from filing? Yes. Practice Book §2-28A(b) provides that the mandatory filing requirements do not extend to the following: 1. An advertisement in the public media that contains only the information, in whole or in part, contained in Rule 7.2 (i) of the Rules of Professional Conduct, provided the information is not false or misleading; 2. An advertisement in a telephone directory; 3. A listing or entry in a regularly published law list; 4. An announcement card stating new or changed associations, new offices, or similar changes relating to an attorney or firm, or a tombstone professional card; 5. A communication sent only to: (i) Existing or former clients; (ii) Other attorneys or professionals; business organizations including trade groups; not-for-profit organizations; governmental bodies and/or (iii) Members of a not-for-profit organization that meets the following conditions: the primary purposes of the organization do not include the rendition of legal services; the recommending, furnishing, paying for or educating persons regarding legal services is incidental and reasonably related to the primary purposes of the organization; the organization does not derive a financial benefit from the rendition of legal services by an attorney; and the person for whom the legal services are rendered, and not the organization, is recognized as the client of the attorney who is recommended, furnished, or paid for by the organization. 6. Communication that is requested by a prospective client. 7. The contents of an attorney's website(s). Attorneys must provide the domain name(s) (URLs) of the website(s) only and must do so only on a quarterly basis If you have a question about whether your advertisement is exempt from mandatory filing, contact the Statewide Grievance Committee at Attorney.Advertising@jud.ct.gov or at (860) 568-5157. Top 4. I have an advertisement that appears in Connecticut but I am not admitted here. Do I have to comply with the mandatory filing rules regarding attorney advertising?Yes. Attorney advertising is considered the practice of law in Connecticut. Rule 8.5 of the Rules of Professional Conduct extends the State’s disciplinary jurisdiction over any attorney who practices here, whether or not he or she is admitted. 5. I am admitted in Connecticut but practice law in another jurisdiction for a firm or practice that advertises. Do I have to comply with the mandatory filing rules regarding attorney advertising? Yes, if the advertisement will appear in Connecticut. Top Questions About Filing Advertisements Electronically Through E-Services 1. What does it mean to file an advertisement “electronically”? Electronic filing is accomplished through the State of Connecticut Judicial Branch’s E-Services (https://eservices.jud.ct.gov/login.aspx). You may not use other electronic formats to complete the process (e.g. fax or direct email to the Statewide Grievance Committee). 2. Where can I find instructions on how to file an advertisement electronically? Instructions appear below these FAQs. 3. What if I have questions about or technical problems with E-Services? Please refer to the Contact Us page. 4. Can a firm submit the advertisement under its firm juris number? No. The attorney disciplinary system in Connecticut is tied to individual juris numbers – firms are not subject to discipline. If attorneys practicing in a firm advertise, the individual juris number of each attorney must be listed where appropriate on the attorney advertising electronic filing form. 5. Does each attorney in a firm have to submit the advertisement separately? No. Each attorney who is responsible for a particular advertisement will list his or her juris number where appropriate on the electronic filing form. Top 6. Can I submit more than one advertisement with the electronic filing? No. Each advertisement must be filed separately. However, if one advertisement is comprised of multiple parts (e.g. a letter and an envelope) the parts do not need to be filed separately provided they can be filed in one format (e.g. PDF). Also, if you are filing multiple URLs, all URLs can be submitted on one form. 7. Is there a fee associated with the mandatory filing rules? No. There is no fee for filing under Practice Book §2-28A. If you want an advance advisory opinion under Practice Book §2-28B there is a fee of $100. 8. What should I do if I don’t know how to characterize the type of advertisement that I need to file? If you are uncertain whether your advertisement should be submitted as a URL, a print advertisement or as multi-media, refer to the common examples listed below or contact the Statewide Grievance Committee at Attorney.Advertising@jud.ct.gov and you will be instructed on the format you should chose to file your advertisement.
Quarterly is defined in the commentary to the rule as “the first business day of January, April, July and October.” Therefore, if you set up or acquire a domain name in September, you would first electronically file that URL with the Statewide Grievance Committee in October. You would thereafter be required to re-file that URL and any others in January, April, July, October, etc. 10. Why am I having problems verifying a URL? When you submit your URL, E-Services automatically defaults to display the website address with HTTP (hyper text transfer protocol) format. Your website may be formatted in HTTPS (hyper text transfer protocol secure) format. If your website address begins with HTTPS instead of HTTP, you need to edit the address to retype the address to override the E-Services default. 11. How do I file the transcript that is required by Practice Book §2-28A(a)(2)? Practice Book §2-28A(a)(2) requires the attorney to file “a transcript if the advertisement or communication is in video or audio format.” Multi-media filings are done in part electronically (the Attorney Advertising Electronic Submission Form) and in part in hard copy format (the CD or DVD). The transcript should be submitted in hard copy format with the CD or DVD after the Attorney Electronic Submission Form is filed through E-Services and you receive confirmation of the filing with your file number. Top 12. How do I file a print advertisement? Print advertisements are any advertisement that are not clearly URLs or multi-media. They include letters, envelopes, brochures, pamphlets, billboards, banners etc. To file a print advertisement, create a PDF of the advertisement and save it to your hard drive. Next, use the Browse button on the attorney advertising electronic filing form to find the saved PDF on your hard drive. Double click the advertisement, then select the Update button to attach the advertisement to the electronic filing form. Click here for more information on creating a PDF. 13. My PDF is larger than 20 MB. What do I do? Complete the electronic filing form so that you will have a receipt and file number. Then mail a copy of the receipt with a hard copy of the advertisement to the Statewide Grievance Committee. 14. How do I file a multi-media advertisement? Check the appropriate box on the electronic filing form. Then complete and submit the electronic filing form over the Internet so that you will have a receipt and file number. Finally, mail a copy of the receipt with a hard copy of the CD or DVD to the Statewide Grievance Committee. Make sure to label the CD or DVD with the file number. 15. Where on the form do I comply with §2-28A(a)(5), which requires a “statement listing all media in which the advertisement or communication will appear, the anticipated frequency of use of the advertisement or communication in each medium in which it will appear, and the anticipated time period during which the advertisement or communication will be used?” Type this information into the “Description of Advertisement” box on the filing form. This information cannot exceed 500 characters. You do not need to provide the information for URLs. Top Random Review of Advertisements 1. What will happen after the advertisement is filed electronically? Periodically, advertisements that have been electronically filed will be randomly selected for review to ensure compliance with ethical standards. 2. Will I know if the advertisement I have filed has been selected for random review? Yes. The Statewide Grievance Committee will provide written notice to each attorney whose juris number is listed as being responsible for the filed advertisement. 3. If a filed advertisement is selected for review and the Statewide Grievance Committee concludes that there is a violation of ethical rules what will happen? You will be contacted in order to negotiate a resolution to the claimed violation. If you agree to a resolution this will not be considered a disciplinary finding. Claimed violations that are not resolved to the Statewide Grievance Committee’s satisfaction will be referred to the Chief Disciplinary Counsel’s office for a presentment. 4. How long will a filed advertisement be subject to random review? For 3 months after the advertisement is filed. Top Advisory Opinions 1. How do I obtain an advisory opinion about a proposed advertisement? File your detailed request in writing with four copies of it and five copies of the proposed advertisement in hard copy format with the Statewide Grievance Committee. 2. Does a request for an advisory opinion need to be done electronically? No. Requests for advisory opinions are submitted in hard copy format. 3. Is there a fee to obtain an advisory opinion? Yes. The fee is $100 and must accompany the request for an advisory opinion. A check or money order should be made payable to the State of Connecticut Judicial Branch. 4. When will I receive the advisory opinion? The time deadlines for filing and issuing advisory opinions are set forth in Practice Book §2-28B. Top Attorneys | Case Look-up | Courts | Directories | Educational Resources | E-Services | Español | FAQ's | Juror Information | Media | Opinions | Opportunities | Self-Help | Home Common Legal Terms | Contact Us | Site Map | Website Policies and Disclaimers Copyright © 2008,
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