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Legal Ethics and Professional Responsibility Commons

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Journal

2002

American Bar Association

Articles 1 - 2 of 2

Full-Text Articles in Legal Ethics and Professional Responsibility

Ad Rules Infinitum: The Need For Alternatives To State-Based Ethics Governing Legal Services Marketing, William E. Hornsby Jr. Jan 2002

Ad Rules Infinitum: The Need For Alternatives To State-Based Ethics Governing Legal Services Marketing, William E. Hornsby Jr.

University of Richmond Law Review

For most of the Twentieth Century, lawyer advertising was prohibited. Beginning with the Canons of Ethics ("Canons"), adopted by the American Bar Association (the "ABA" or "Association") in 1908, it was unethical for lawyers to advertise or engage in most forms of marketing. The 1977 United States Supreme Court decision of Bates v. State Bar of Arizona held that, under the First Amendment doctrine of commercial speech, states did not have the right to ban lawyer advertising. The decision, however, gave states the responsibility to regulate this activity. This began an experiment to balance consumer protection with the flow of …


Change Is In The Air: Lawyer Advertising And The Internet, Louise L. Hill Jan 2002

Change Is In The Air: Lawyer Advertising And The Internet, Louise L. Hill

University of Richmond Law Review

Today, virtually all the large law firms, as well as most of the small firms, have Web sites. These sites established by law firms vary considerably, with many containing a great deal of material that is informational in nature. When considering whether state ethics rules are applicable to lawyer communications on the Internet, an initial question is whether the communication is commercial speech. Regulations on advertising and solicitation that impose restrictions on commercial speech are limited to speech of that kind. This notwithstanding, states have uniformly held that these communications are subject to regulation under their respective rules governing lawyer …