Advertising Policies

1. Applicability

The following policies will govern advertising in all the publications of the State Bar of Georgia ("Bar"). These publications include: Georgia Bar Journal; State Bar of Georgia Directory & Handbook; Younger Lawyers Section Newsletter and other section newsletters. The Bar from time to time publishes other special publications and these policies apply to those as well.

2. Purpose

The purpose of these policies is to regulate the circumstances under which the Bar will accept advertising for inclusion in its publications, consistent with the freedoms accorded to commercial speech by the Constitution and laws of the United States and of the state of Georgia. The Bar reserves the right to regulate the form, manner, content, substance, composition, size and length of any advertising, and to cancel or refuse to run any advertising in accordance with the procedures set forth herein. The official publications of the Bar represent the Bar as a whole and, therefore, the Bar has an interest in maintaining the complete integrity of each of these publications, consistent with the high ethical standards of the legal profession. Additionally, the revenue from responsible tasteful advertising is of considerable importance to the Bar in offsetting the expense of publications. Accordingly, the Bar has a vested pecuniary interest in fostering an advertising environment in which the customers on which it depends for advertising revenue will not withhold their advertising and the revenue therefrom because of the inclusion of other advertising that is not in conformity with these policies.

3. General Standards for Advertising

(a) The Bar reserves the right to reject any advertising that, to the "reasonable reader," is false, misleading, defamatory, violative of the Georgia Fair Business Practices Act or any other applicable laws, is obscene, or which does not conform to contemporary community standards of good taste or decency. The Bar may require any advertiser to provide factual substantiation or legal authorization from the appropriate jurisdiction when requested for any advertising.

(b) No advertising will be accepted that violates or may enable another to violate the Georgia Code of Professional Responsibility, the Standards of Conduct, or the Georgia Code of Judicial Conduct.

4. Attorney Advertising

All attorney advertising must be consistent with the Georgia Code of Professional Responsibility, the Standards of Conduct and the Georgia Code of Judicial Conduct, including advertising submitted by attorneys who are not members of the Bar. Acceptance for publication does not constitute a determination that an advertisement is in compliance with the rules.

5. Advertising of Certain Products

The Bar will not accept advertising for tobacco and alcohol products of any sort, advertising for illegal products or services, advertising for products or services whose movement in interstate commerce is illegal, or advertising relating to lotteries or games of chance. Additionally, the Bar will not accept advertising that in any way may jeopardize the mailing status of the publication in which it appears, and reserves the right to apply to the U.S. Postal Service for a ruling on any such matter.

6. Political Advertising

The Bar will not accept advertising by or on behalf of candidates for public office, candidates for state or local Bar offices, or advertising advocating positions on political or social issues.

7. Bar Endorsement

Advertising which, by its subject matter or content, may imply or lead to an implication of Bar endorsement, recommendation, support, or approval will be accepted only if, as a condition of acceptance, it includes in the advertisement a disclaimer which states that the product or service is not endorsed, recommended, supported, or approved by the Bar.

8. Classified Advertising

Classified advertising will be accepted for the Georgia Bar Journal and includes the following matters: Lawyer and law-related employment opportunities; law-related employment wanted; referral of legal work; sale of used law books; sales of law office equipment or furnishings; rental opportunities; professional services by lawyers; and miscellaneous matters involving a time-limited exchange of specific information..

9. Examination of Advertised Products

If an advertisement offers the sale of a product by mail order, the Bar reserves the right to examine the product a purchaser will receive, but the Bar is not obligated to do so. Examination of the product or publication of the advertisement does not constitute a guarantee or warranty of the product, nor the endorsement, recommendation, support, or approval of the product by the Bar.

10. Review of Advertising

All non-attorney advertising submitted for inclusion in any publication of the Bar shall be reviewed by the Director of Communications to determine its conformity with the policies. The Director of Communications shall refer any questionable advertising to the President of the Bar, the Executive Director of the Bar, and/or the Chairperson of the Communications Committee of the Bar for review and determination of whether to accept the advertising. In the event of any disagreement between these three persons concerning acceptance or rejection of the advertising, the matter shall be referred to the Executive Committee of the Bar for final determination. Additionally, any of the persons named above, or the Editor-in-Chief of the particular publication involved, may cause any advertising to be reviewed to determine its conformity with these policies as provided herein.

11. Payment/Rates

The Bar reserves the right to request part or full payment before publishing any advertising. The Executive Director and the Headquarters staff shall set and vary advertising rates, subject to any restrictions imposed by the Board of Governors.