Part 1 · Committee on Attorney Advertising
Rule 1:19A-2. Jurisdiction
(a) Advisory Opinions and Ethics Grievances The Advertising Committee shall have the exclusive authority to consider requests for advisory opinions and ethics grievances concerning the compliance of advertisements and other related communications with Rules of Professional Conduct 7.1 "Communications Concerning a Lawyer's Service," 7.2 "Advertising," 7.3 "Personal Contact with Prospective Clients" (excluding subsections (c), (d), (e) and (f)), 7.4 "Communication of Fields of Practice," and 7.5 "Firm Names and Letterheads," and with any duly approved advertising guidelines promulgated by the Advertising Committee with the approval of the Supreme Court.
(b) Rules of Procedure The Advertising Committee shall, consistent with these Rules, establish procedures, publish forms and maintain records as required for its conduct.
(c) Advertising Guidelines The Advertising Committee may adopt advertising guidelines consistent with the Rules of Professional Conduct set forth in section (a) and with these Rules, after affording the bar an opportunity to comment and after approval by the Supreme Court. Advertising guidelines may include by way of example, but not by way of limitation, disclosure requirements, restrictions beyond those set forth in RPC 7.2(a), time, place, and manner regulations, guidelines for determining the application of the "predominantly informational" and "extreme portrayal" requirements, and, generally, any guideline that the Advertising Committee deems either necessary or desirable in clarifying the application of the Rules governing advertisements and other communications within its jurisdiction. Upon adoption all advertising guidelines shall be published initially in the New Jersey Law Journal and New Jersey Lawyer.
(d) Pre-publication Review The Advertising Committee may, in its discretion, require any attorney or firm or association of attorneys that has hired an advertising agency, public relations counsel, or entity providing assistance in connection with advertising or other related communications within the jurisdiction of the Advertising Committee, to submit to the Advertising Committee before publication for its approval, disapproval, or modification any series of advertisements or other communications within its jurisdiction, any advertising program, or any general public relations program.
(e) Education The Advertising Committee may undertake such action as it deems necessary (1) to educate the public concerning rational means of selecting counsel and of determining whether counsel is needed, and (2) to educate the bar concerning the ethical limitations of attorney advertising.
(f) Reports The Advertising Committee shall monitor the impact of all advertising and other communications within its jurisdiction to determine the extent to which existing Rules and guidelines achieve their goals and the extent to which there is any need for revision. Without limiting the Advertising Committee's observations in any way, it should specifically monitor the impact of all rules and advertising guidelines, as they exist from time to time, to determine if consumers are obtaining enough information about their need for lawyers and to aid them in the selection of lawyers, if price competition is being achieved, if damage to the qualities of the profession that serve society is occurring, and if consumers are being damaged through non-rational appeals. The Advertising Committee shall submit to the Supreme Court an annual report, the first of which shall be filed on January 1, 1988. The first report of the Advertising Committee should report on the experience of New Jersey, as well as other states concerning attorney advertising. Prior to submitting its first annual report, the Advertising Committee shall conduct at least one public hearing on the desirability of retaining, revising, or repealing the then-existing advertising Rules or guidelines, or adopting any other proposed Rule on attorney advertising. Public hearings shall be held in subsequent years in the discretion of the Advertising Committee or as directed by the Supreme Court.