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Public Citizen Inc. v Louisiana Attorney Disciplinary Board

United States Court of Appeals for the Fifth Circuit

632 F.3d 212 (2011)

Facts

The Louisiana Attorney Disciplinary Board (the board) (defendant) recommended a revision of the Rules of Professional Conduct relating to attorney advertising, which the Louisiana Supreme Court adopted. Several groups (plaintiffs) sued the board, arguing that the rules violated the First Amendment. The trial court granted partial summary judgment to all parties; only one group of plaintiffs appealed the results concerning the following rules: 7.2(c)(1)(D), which prohibited advertisements from referring to past results; 7.2(c)(1)(E), a prohibition on promises of results; 7.2(c)(1)(I), which required disclaimers in advertisements with client portrayals or reenactments; 7.2(c)(1)(J), which prohibited advertisement portrayals of a judge or jury; 7.2(c)(1)(L), which prohibited mottos, nicknames, or similar that stated or implied an ability to get results; and 7.2(c)(10), which specified the formatting of required disclosures, with the result that the disclosures could not fit in small or short advertisements.

Rule of Law

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Issue

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Holding and Reasoning (Clement, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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