Advertising by attorneys in Kentucky is regulated by Supreme Court Rules (SCR 3.130-7.01 -- 7.60). and is subject to the Attorneys' Advertising Commission Regulations (AAC). An advertisement is any information or communication containing a lawyer's name or other identifying information to make known the lawyers services. Essentially, any time you use media such as television, radio, internet, newspaper, telephone book, billboard or correspondence to communicate something about your practice. Advertisements for which an advisory opinion is sought must be submitted to the Attorneys' Advertising Commission unless they fall under the exceptions found in SCR 3.130 - 7.01(1)(a-c).
Effective January 1, 2016, the Supreme Court Rules govern only one type of review of advertisements submitted to the AAC.
- All advertisements submitted for an advisory opinion will incur a filing fee. See Fees below for more information.
- You must submit three copies of the advertisement by requesting an advisory opinion (SCR 3.130-7.03(1)).
A lawyer may request an advisory opinion by the Commission before the advertisement is published. The advertisement must be submitted at least 30 days prior to publication or use. Requests for advisory opinions must be made in writing by an attorney. The cover letter must either state the rule number (SCR 3.130-7.03) or specifically request an advisory opinion. The letter must be signed by an attorney.
The AAC will review the advertisement and provide an advisory opinion regarding compliance with the Rules and Regulations within 30 days of receipt of the submission. The advantage of submitting pursuant to this rule is that an Advisory Opinion is similar to an Ethics Hotline Opinion: if the advertisement is later deemed noncompliant, the attorney is not at risk for disciplinary action, unless a violation of SCR 3.130-7.10 was deemed intentional. In addition, if the Advisory Opinion does not deem the advertisement compliant and the Commission’s recommendations are applied, the advertisement may be resubmitted without an additional filing fee until the advertisement is deemed compliant.
Mailing Address for Submissions
Attorneys' Advertising Commission
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601-1812
Fax Number for Submissions
- A $75.00 filing fee is due on all advertisements.
- A $100.00 supplemental fee is due on an advertisement of more than 100 pages or an audio/video more than 10 minutes.
Types of Media Accepted
- Websites may be submitted via paper, CD, DVD, or flash drive and must be in a continuous .pdf format. Please number the pages consecutively so that page numbers can be cited in any violations.
- Audio and Video advertisements may be submitted on VHS, CD or DVD. Multiple advertisements may be submitted using this media provided the order of advertisements is clearly marked and each recording is separate. In addition, recordings need to be saved in such a way that they can be downloaded for copying.