10-1-427. False advertising of legal services; good faith exemptions; investigation and enforcement by Attorney General; penalties for violation of cease and desist order.

As used in this Code section, the term:#

1. (1)

   “Duly licensed attorney at law” means a person authorized to provide legal services in this state.#

2. (2)

   “Legal services” means acts recited in Code Section 15-19-50 and in subsection (a) of Code Section 15-19-51.#

3. (3)

   “Media” means any publication, including, but not limited to, any radio or television advertising device, public outcry, proclamation, internet search engine advertisement, or any other such manner or means of public outreach.#

4. (4)

   “Misleading statement” means any communication that is untrue, fraudulent, or deceptive and is known, or which by the exercise of reasonable judgment, should be known to be untrue, fraudulent, or deceptive. Such term shall include, but shall not be limited to, communications that:#

   1. (A)

      Contain a material misrepresentation of fact or law;#

   2. (B)

      Omit a fact or law resulting in the information conveyed being a material misrepresentation or unsubstantiated;#

   3. (C)

      Are presented with such specificity as would lead a reasonable person to conclude that the claim or comparison can be substantiated, but cannot;#

   4. (D)

      Are substantially likely to lead a reasonable person to:#

      1. (i)

         Formulate erroneous conclusions:#

         1. (I)

            About the legal services, abilities, practice areas, scope of work, success rate, claim or case management and oversight, or fees of a duly licensed attorney at law;#

         2. (II)

            Regarding comparing a duly licensed attorney at law to another or similarly situated duly licensed attorney at law; or#

         3. (III)

            To take action to preserve such person’s rights or claims when, in fact, no action is required; or#

      2. (ii)

         Have an unjustifiable expectation of future success based on prior performances;#

   5. (E)

      Fail to disclose or otherwise provide qualifying language to preclude a person from being deceived or otherwise having a mistaken impression;#

   6. (F)

      Falsely portray individuals as clients; or#

   7. (G)

      Falsely portray individual circumstantial outcomes in a light where an ordinary person would be misled to believe hiring such duly licensed attorney at law would create or lead to a similar outcome.#

5. (5)

   “Person” means an individual or a firm, corporation, or association, or any employee thereof.#

6. (6)

   “Solicit” means actions taken directly or indirectly to perform or to do anything of any nature whatsoever to induce the public to enter into any obligation relating thereto.#

No duly licensed attorney at law shall solicit in any media by any misleading statement concerning legal services or concerning any circumstances or matter of fact connected with the proposed performance of legal services.#

Nothing in this Code section shall apply to any visual or sound broadcasting station or to any publisher or printer of a newspaper, magazine, or other form of printed advertising who broadcasts, telecasts, publishes, or prints such advertisement in good faith without knowledge of its false, fraudulent, deceptive, or misleading character.#

The Attorney General is authorized and empowered, upon the receipt of a complaint or upon his or her own initiative, to investigate any advertising which might be in violation of subsection (b) of this Code section. If the Attorney General determines that any advertising is in violation of subsection (b) of this Code section, he or she is authorized and empowered, after providing the offender with reasonable notice and an opportunity for a hearing, to issue a public reprimand, to issue a cease and desist order against the offender, to report any such action to any board, agency, commission, association, or other entity governing or supervising the legal profession, and to publicize any such action in a medium or media likely to reach the recipients of the improper advertising. Any person against whom the Attorney General issues an adverse decision may, as his or her sole remedy in equity or at law, seek a restraining order against such adverse decision in the superior court.#

Any person who violates a cease and desist order issued pursuant to subsection (d) of this Code section shall be guilty of a misdemeanor in the county in which such person resides. Nothing in this subsection shall prohibit any board, agency, commission, association, or other entity governing or supervising the legal profession from taking any lawful action against such person as a result of such improper practices. Each publication of an advertisement in violation of any such cease and desist order shall constitute a separate offense.#