Rule 7.2B - Volunteer Advisory Committees; Pre-Dissemination Review(a)Standing Lawyer Advertising Advisory Committees. The board of governors shall create a Standing Lawyer Advertising Advisory Committee to review filings submitted under Rule 7.2 A and to respond to written requests from an advertising lawyer or law firm voluntarily seeking an advance opinion regarding that lawyer's compliance with the advertising rules. The board of governors may promulgate bylaws, rules of procedure, and reasonable fees for advance opinions to offset the administrative costs of these committees, as it deems necessary and proper.
(1)Committee composition. The committee shall have 11 members: 8 of whom shall be members in good standing of the state bar. 4 of whom shall practice in northern Nevada and 4 of whom shall practice in southern Nevada: 3 members may be non-lawyers.(i)Appointment. Members shall be appointed by the board of governors and serve 2-year terms, subject to reappointment at the board's discretion. No member shall serve a lifetime total of more than 12 years. Members may be removed by the board of governors for cause.(ii)Minimum duties. The committee shall meet as often as necessary to review all matters before it in a timely fashion. Advance opinions shall be provided within 30 days of submission of the request or sooner. Requests to expedite review of advertisements shall be granted whenever possible within reason. The board of governors may promulgate a procedure and attach an added fee for expedited requests.(b)Review of filings; advisory opinions to bar counsel. The committee may issue advisory opinions on any advertisement filed with the state bar. If the committee finds that an advertisement does not comply with these Rules, it may issue an advisory opinion to bar counsel within 30 days of its review. The opinion must include the basis for the Committee's finding of noncompliance. Bar counsel may initiate appropriate disciplinary action if warranted.(c)Pre-dissemination review. A lawyer or law firm may file a written request with the state bar seeking an advance opinion on whether a proposed advertisement complies with these Rules. The request shall be made in the form and manner designated by the state bar. (1)Advance opinion. Within 30 days of submission, the committee shall issue an advance opinion to the lawyer or law firm submitting the request for pre-dissemination review. The opinion shall include a finding of whether the proposed advertisement is in compliance with these Rules. If the Committee finds that the advertisement is not in compliance, then the opinion shall also include the basis for the finding and instructions on how the proposed advertisement can be corrected. Such an adverse opinion must also notify the lawyer or law firm of an opportunity for an appeal of the committee's finding of noncompliance.(2)Appeal. Appeals are decided by the committee, whose decision shall be controlling.(d)Limitations; when binding on discipline authority. The committee created under this Rule [are] is primarily dedicated to providing independent, volunteer peer advance opinions to lawyers upon request as a safe-harbor to future disciplinary action only. No request for an advance opinion shall be granted after a disciplinary investigation is commenced on the subject advertisement. In the event an opinion is inadvertently issued by a committee during or after a disciplinary review is in progress, the decision of any disciplinary panel convened pursuant to Supreme Court Rule 105 shall be controlling. An advance opinion of noncompliance issued under this Rule shall not be binding on any disciplinary panel or bar counsel. An advance finding of compliance is binding on the disciplinary panel and bar counsel in favor of the advertising lawyer provided that the representations, statements, materials, facts and written assurances received in connection therewith are true and not misleading. An advance opinion of compliance constitutes admissible evidence if offered by a party.
(e)Annual report. The board of governors shall file an annual report with the clerk of this court that addresses, among other things, the status of lawyer advertising in this state.Added effective 9/1/2007; amended March 9, 2018, effective 4/9/2018.