Ad rules on background sounds and celebrity spokespersons reviewed.

Amendments for Bar advertising rules on background sounds and celebrity spokespersons were approved by the Board of Governors last month, more amendments were presented for later action, and the Bar's Citizens Forum suggested an additional ad rule change.

The approved changes related to a variety of issues, while the proposed changes deal with nonlawyer spokespersons in radio and TV ads, notably NPR public service announcements.

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The Citizens Forum's recommendation addressed direct mail solicitations to the recipients of domestic violence injunctions.

Board member Ed Scales, who is also chair of the Citizens Forum, presented that group's concern which stemmed from an instance where a party sought a domestic violence injunction against another party and both were still sharing a common residence.

"There was an occurrence ... where a domestic injunction plaintiff filed an injunction, and a lawyer saw the filing and sent a direct mail solicitation to the defendant before the defendant was served," Scales said. "It caused a rather significant problem in that particular household."

He added that the forum was told this was not an isolated instance. Testimony had been presented indicating the most effective way to serve a domestic violence injunction was by a deputy armed with a gun, thereby impressing the seriousness of the matter upon the recipient.

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"The Citizens Forum suggested we amend our advertising rules to prohibit that type of direct mail solicitation to domestic violence defendants," Scales said.

The proposal is expected to be forwarded to the Bar's Standing Committee on Advertising for consideration.

Board member Jennifer Coberly, chair of the Board Review Committee on Professional Ethics, presented the advertising rule amendments.

One would broaden the background sounds that lawyers could use in their radio and TV ads. The current Rule 4-7.5(b)(1)(C) allows only instrumental music as background sounds. The proposed amendment would allow a wider scope, prohibiting only sounds that are "deceptive, misleading, manipulative or likely to confuse the viewer."

Another change would make the provisions in Rule 4-7.5 regarding background sounds and use of celebrities apply to all ads, not just radio and TV spots. Coberly said that change will encompass Internet advertisements, which are becoming the major venue for lawyer ads.

Other changes include:

* Clarifying Rule 4-7.7(a)(1)(B) and (b)(3) to...