Rule 1:19A-3. Advisory Opinions

(a) Form of Inquiry All inquiries shall be addressed to the Secretary. The Advertising Committee shall accept inquiries from any member of the New Jersey bar. Inquiries shall be in writing and shall have appended to them a copy of the questioned advertisement or other related communication and shall contain a certificate that any opinion of the Advertising Committee will not affect the interests of the parties to any pending action. The inquiry shall be accompanied by a letter brief or brief citing the Rules of Court, Rules of Professional Conduct or Advertising Guidelines, if any, that are applicable, and shall state clearly the factual situation in detail and the inquirer's position as to the propriety of the advertisement or other related communication.

(b) Disposition of Inquiries The Advertising Committee shall, so far as practical, act on an inquiry at its next meeting following receipt of the inquiry, provided that the inquiry is received by the Secretary at least ten business days prior to the Advertising Committee's meeting. In its discretion the Advertising Committee may authorize oral argument, which shall be electronically or stenographically recorded and may be transcribed. The Advertising Committee may, in its discretion, reconsider a prior decision (provided that the same is final) at any time, but a reversal or modification of a prior decision shall have prospective effect only. All advisory opinions shall be given in writing to the inquirer. The decision shall state the Advertising Committee's determination as to whether the advertisement or other related communication is proper; it shall also briefly state the rationale that supports it and the rule or rules relied upon. The Advertising Committee may condition its approval by requiring any reasonable changes that are, in its opinion, necessary to conform with the Rules of Court, Rules of Professional Conduct or Advertising Guidelines, including, but not limited to, disclosure requirements, and time, place, and manner regulations.

(c) Effect of Opinions; Publication An opinion approving an advertisement or other communication shall, until and unless revised in accordance with section (d) or reconsidered, be a bar to prosecution of ethical charges against the lawyer or law firm, except for a prosecution based on a charge that it is false or misleading in violation of RPC 7.1(a)(1). An opinion disapproving an advertisement or other related communication shall, until and unless revised in accordance with section (d) or reconsidered, be binding upon the inquirer and anyone with actual or constructive knowledge thereof so that such use of a disapproved advertisement or other related communication shall be per se unethical conduct.

When the Advertising Committee believes it to be in the best interest of the bar or the public, it may publish its opinion in the New Jersey Law Journal and New Jersey Lawyer. Published opinions shall constitute constructive notice to, and shall be binding on, all members of the bar and in connection with any ethics proceedings, unless revised pursuant to section (d) or reconsidered.

(d) Petition for Review Any aggrieved member of the New Jersey bar may seek review of any final action of the Advertising Committee relating to requests for advisory opinions in accordance with R. 1:19-8.