1. What is attorney advertising?
Attorney advertising is any communication made by a lawyer or law firm about the lawyer or law firm or concerning the legal services offered by the lawyer or law firm.
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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 copies of all attorney advertising with the Statewide Grievance Committee.
You can view a
tutorial here. In light of certain technical restrictions, a portion of some filings (e.g. multi-media advertisements) will be done by non-electronic means.
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3. What materials are exempted from the mandatory filing rules regarding attorney advertisements?
Practice Book § 2-28A(b) provides that certain materials are exempted from the mandatory filing provisions. Examples of materials that do not need to be filed include:
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An advertisement, letterhead, or business card that consists solely of presumptively valid content, commonly referred to as “safe harbor” or “tombstone” information, such as an attorney’s name, address, phone number, and the like;
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A telephone directory advertisement or law list entry;
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A professional announcement card stating new or changed associations, new addresses, and the like; and
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Communications sent only to existing or former clients and various professional and nonprofit groups, or those requested by a prospective client.
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4.
When should I file a print or multimedia advertisement?
All television, radio, print, and internet advertisements (except for lawyer or law firm websites), and other communications must be submitted either prior to or concurrently with the attorney’s first dissemination of the advertisement or communication. It is not necessary to obtain prior approval of advertising before mandatory filing.
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5.
When should I file a domain name or URL?
A list of all domain names used primarily to offer legal services must be filed quarterly on the first business day of January, April, July, and October. The contents of the website do not need to be filed. Domain names not used primarily to offer legal services should not be filed, including social media used for personal purposes.
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6.
How do I file an advertisement?
Unless exempted, all attorney advertising filings must be done electronically through Judicial Branch E-Services. A tutorial is available here. A lawyer may request to be exempted from the electronic filing requirement by filing Form JD-GC-019, E-Services Attorney Advertising Electronic Filing Exemption Request with the Statewide Grievance Committee.
An advertising filing must consist of:
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An advertisement, letterhead, or business card that consists solely of presumptively valid content, commonly referred to as “safe harbor” or “tombstone” information, such as an attorney’s name, address, phone number, and the like;
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A copy of the advertisement or communication in the form or forms in which it is to be disseminated;
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A transcript of the audio portion of the recording, if used;
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A sample envelope in which the written communication will be enclosed, if the communication is to be mailed;
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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;
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The individual juris numbers of the attorney(s) responsible for the advertisement; and
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An accurate English translation if the advertisement appears in a language other than English.
More information on how to file advertisements electronically through E-Services is available here.
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7.
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 the attorney is admitted.
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8.
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 firm is advertising for Connecticut clients. This includes situations where the firm intends to have a national presence in a practice area.
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9.
What if I additional questions concerning attorney advertising?
If you have any questions or concerns about attorney advertising, please contact the Statewide Grievance Committee by email at
attorney.advertising@jud.ct.gov, or by telephone at (860) 296-3848.
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