(The Center Square) − A bill aimed at tightening regulations on attorney advertising in Louisiana cleared a key House committee this week, part of a broader effort by lawmakers to curb what they say is a culture of excessive litigation driving up the state’s already sky-high insurance rates.
House Bill 677 by Rep. Kim Carver, R-St. Tammany, originally filed as HB 430, passed the House Commerce Committee on a 10-6 vote after being reintroduced in the form of a substitute bill. Carver framed the legislation as an attempt to regulate the business side of law practice—specifically advertising—without interfering in how attorneys represent their clients.
“It bifurcates the way attorneys are addressed in our state by only looking at the business or entrepreneurial portion of their practice,” Carver told the committee. “We expect in our state truth in advertising. If something is misleading, if something is deceptive, if something is not true, then the public and consumers have a recourse.”
The bill would define and prohibit “false, misleading, or deceptive” lawyer advertisements under the state’s consumer protection law. If passed, it would give the state attorney general authority to enforce violations, with penalties including fines and attorney disbarment in severe cases. Each individual airing of a misleading advertisement would be treated as a separate violation.
Carver pointed to ubiquitous TV ads promoting massive payouts in personal injury cases — often without disclaimers about court costs or legal fees — as a driver of what he called Louisiana’s “jackpot justice” culture.
“It creates this false premise that every fender bender is a slot machine for a quick payday,” Carver said, adding that the pervasiveness of such ads contributes to litigation rates that insurers cite when setting premiums.
Louisiana consistently ranks among the most expensive states for auto and homeowner insurance, a point lawmakers have revisited frequently in recent years. Supporters of the bill argue that reducing frivolous lawsuits and curbing misleading legal advertising could help bring those rates down.
During the hearing, former professor and deputy solicitor general Michelle Ghetti testified in support of the bill, arguing that it carefully targets commercial speech in a way that aligns with constitutional protections.
“I think this bill has been carved very specifically to deal specifically with that, and is not overly broad,” Ghetti said, emphasizing that the legislation balances free speech with the state’s interest in protecting consumers and restoring trust in the legal system.
Ghetti also addressed concerns over separation of powers, arguing that the bill doesn’t violate separation of powers because it regulates deceptive legal advertising through consumer protection law rather than professional discipline.
“We are not trying to discipline lawyers. This bill is very, very limited,” Ghetti said.
HB 677 is not without precedent. A similar bill from Sen. Heather Cloud, R-Allen, passed both chambers in 2020 but was ultimately vetoed by then-Gov. John Bel Edwards.
If signed into law, the bill would require disclaimers in testimonials, prohibit slogans that haven’t been factually verified, and explicitly ban advertisements that create unjustified expectations of legal outcomes. Online ads would also be required to accurately reflect a lawyer’s services and areas of practice.
