NCJ Number
44864
Journal
Journal of Criminal Law and Criminology Volume: 68 Issue: 4 Dated: (DECEMBER 1977) Pages: 624-633
Date Published
1977
Length
10 pages
Annotation
CONSIDERATIONS OF THE U.S. SUPREME COURT IN ITS DECISION ON THE UNCONSTITUTIONALITY OF A BAN ON LAWYER ADVERTISEMENTS AND THE IMPLICATIONS OF THAT DECISION ARE DISCUSSED.
Abstract
THE ABSOLUTE BAN ON LAWYER ADVERTISEMENT ENFORCED BY THE BAR SINCE THE BEGINNING OF THE 20TH CENTURY WAS HELD UNCONSTITUTIONAL IN BATES V. STATE BAR OF ARIZONA. THIS AND OTHER RECENT SUPREME COURT DECISIONS HAVE RECOGNIZED LIMITED FIRST AMENDMENT PROTECTION OF ADVERTISING. IN THIS CASE, THE COURT EXPLICITY CONFINED ITS DECISION TO PROTECT THE RESTRAINED AND TRUTHFUL NEWSPAPER ADVERTISEMENT OF FEES FOR VARIOUS ROUTINE LEGAL SERVICES. THE DECISION INDICATED THAT SOME REGULATION OF ATTORNEY ADVERTISEMENTS WOULD BE PERMITTED IN THE PUBLIC INTEREST, PARTICULARLY WITH RESPECT TO TRUTHFULNESS, MANNER, AND THE POSSIBILITY OF MISLEADING CONSUMERS. PROFESSIONALS MAY BE SUBJECT TO STRICTER PUBLIC INTEREST STANDARDS THAN THOSE WHICH ARE CONSTITUTIONALLY APPLICABLE TO ADS OF NONPROFESSIONALS. THE NEW RIGHT OF ATTORNEYS TO ADVERTISE COULD BRING ABOUT SOME CHANGE IN THE PRACTICE AND STRUCTURE OF THE LEGAL PROFESSION, POTENTIALLY ADDING NEW DEMAND ON LEGAL SERVICES AND JUDICIAL MACHINERY, LOWERING FEES FOR HEAVILY ADVERTISED SERVICES THROUGH INCREASED PRICE COMPETITION, AND DIMINISHING RELIANCE ON REPUTATION AND CONTACTS BY ATTORNEYS SEEKING TO ATTRACT CLIENTS. (VDA)