McNair Scholars Journal

Volume 1 | Issue 1 Article 3

Winter 1997 Ethics Saved or a Penny Earned: An Exploratory Discussion of Legal Advertising Bans Kenya Burton Grand Valley State University

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Recommended Citation Burton, Kenya (1997) "Ethics Saved or a Penny Earned: An Exploratory Discussion of Legal Advertising Bans," McNair Scholars Journal: Vol. 1: Iss. 1, Article 3. Available at: http://scholarworks.gvsu.edu/mcnair/vol1/iss1/3

Copyright ©Winter 1997 by the authors. McNair Scholars Journal is reproduced electronically by ScholarWorks@GVSU. http://scholarworks.gvsu.edu/ mcnair?utm_source=scholarworks.gvsu.edu%2Fmcnair%2Fvol1%2Fiss1%2F3&utm_medium=PDF&utm_campaign=PDFCoverPages Ethics Saved or a Penny Earned: An Exploratory Discussion of Legal Advertising Bans

Abstract rent marketing tactics. This section Advert ising is a venue used to reach also provides professional co mme n­ the masses for ma ny products and tary on a recent case that affects the servi ces. Whet her it's the image of a current state of legal advertising . basketba ll icon or a fami liar cartoon Pa rt IV provides a co nclusion abou t character, everyo ne is trying to mak e the future of legal advertisements with an impressionable th irty-seco nd the introduction of advert ising bans, niche tha t will pe rsuade the public to and the effects on the legal consumer. seek their product or se rvice. Lastly, Part V is a personal conclusion Yet , when there is a multitude of on the research topic. advertisers in one secto r, the adver­ tiseme nts can sudde nly cha nge from PART 1: Bates v. State Bar catchy segue to annoying imag ery ofArizona for the co nsume r. Within the legal Americans view legal advertiseme nts industry, many lawyers try to stand in man y ways. In the 1990s, legal out from the brigad e of atto rneys by advertising is an everyday occurrence advertising their talent to the public. that's proj ected to the masses in so me Unfortunately, it is the spirited few medi a form . Yet , with out the land­ that use theatrical maneuvers that mark Ba tes v. State Bar of Ariz ona decision, today's legal market ing seem to test the ethical sensitivity of Student: Kenya Burto n soc iety. Advertisements using bu si­ tools would be nonexistent. ness cards that are reminiscent of This section provides a brief sum­ Mentor: james \'Volter, Ph.D. Mono po ly's "get-out-of-jail-free" ca rds; mary of Bates v. State Bar a/Arizo na. medical co ncerns; negative imagery Discussion in this section deals with of legal co unterpa rts; and toll-free ce rtain relevant events proceeding the telephone assistance after an injury lawsuit, and the resulting aftermath of hav e sodden the professional image the lawsuit as those resul ts provide a of the lega l profession. basis for legal proclamations that are This resear ch project provides co nside red customary today. exa mples of legal advertising from In Bates, atto rneys that were both past to prese nt, and relevant co urt licensed in the state of Arizona and decisions th at both o ppose and memb ers of the Arizona State Bar defend a lawyers' right to market their Association were cha rged with violat­ se rvices to the public sector. Althou gh ing th e State Supreme Co urt of legal advertising is a national co ntro­ Arizona's disciplina ry rule that pro­ versy, this paper will direct its focus hib its attorney advertising th rou gh on how current remedi es affect the public medi a.' legal environme nt in Mich igan . In 1976, John R. Bates an d Van Part I of this review researches the O'Steen advertised the services of landmark case Bates v. State Bar 0/ thei r legal clinic' to inform the publi c Arizo na, 433 U.s. 350 (1977), and of its services and fees." its historical ruling that gave "consti­ This information was deemed nee­ tution al protection to law firm mar­ essary by both partners in order to keting and ad vertisements" (A BA ma intain the clinic's o pe rations.' The Jou rnal, 1995). advertise me nt was placed in the Part II focuses on the ge ne ral inter­ Arizo na Republic, a Phoenix newspa­ est in legal advertising an d mark eting per. By listing ce rtain fees, and stating that is prevalent today, including "... legal se rvices offer ed at very rea­ ethical sensitivity and professi onal son ab le fees, " the partners clearly imag e co ncerns. violat ed Disc. Rule 2-101 (B)1: "A Part III examines recent court rul­ lawyer sha ll not publicize himself or ings that eithe r defend or oppose cur- his partner, or associate, or any othe r

GVSU McNa;rSc!Jo[a rs J o" r //a [ VOLUM E I. 1997 lawy er affiliated with him or his firm rule aga inst the appellants to vio late Part II: From Necessity to as a lawyer through newsp ap er or the First Amendment. Professional Destruction magazine advertiseme nts, radio or By issui ng suc h an opinion, adver­ Part II reviews in brief these advertis­ television an nounceme nts, display tising of the legal profession began. ing me thods an d their professional advertiseme nts in the city or tele­ Yet, the issue of leg al advertising an d imp act. This section also provide s a ph one directories , or other means of its effects on the legal profession prelude to the next sec tion by famil­ co mmercial publicity, nor sha ll he were co nside red by the supreme iarizing the reader w ith the negative autho rize or permit othe rs to do so in judicial me mbe rs themselves. In his reactions to one aspect of legal adver­ his behalf." dissent, Mr. Ju stice Holhan , even wi th tising, and its ultimate elimina tion. The partners were then charge d his "personal dislike of the concept of Bates brought forth a revolution with a complaint filed by the Arizona advertisi ng by attorneys," state d : no t only in the legal world , but also State Bar's president. Once the co m­ "...the information of w hat lawyers the world of advertising. Presenting plaint was filed a hearin g was held cha rge is important for pr ivate eco­ one 's legal services began to filter to befor e the Special Local Admin­ nomic decisions by the public, by the masses th rough several methods istrative Com mittee.' The committee those in need of legal services. Suc h of media advertising . recommended that the group be sus­ infor mation is also helpful, perhaps Since Bates, communication of pended from legal practice for no less indi sp ensabl e, to the formation of an legal services has been intensified. than six mo nths . This recommenda­ intelligent opinion by the public on From the controversial advertiseme nt tion was based on a cha llenge by the how we ll the legal system is working that started it all to the worldwide opposing parties, not an attac k on the and whe ther it should be regul ated or Web, the legal profession has used legitimacy of the rule. Furthe r review eve n altered ..."!G every type of ve nue available to mar­ by the Board of Governors of the Thus, the above opinion reflects a ket itself to the pu blic. Through televi­ Arizona State Bar" recommended a bene fit to those witho ut legal exper­ sion, radio, newspapers, the Internet , sus pension fro m practice for both tise or knowledge to seek out those solicitation, and the age-old method of partners. This recomme nda tion was with legal intelligence. In today's referral, the vast number of lawyers made fina l. society, even with its puns and nega­ ava ilable to one client has created The pa rtners then so ught review tive views of legal advertise me nts , co mpe titive marketing tactics, espe ­ of the recommendation? in the State attorneys are easily accessible. cially in the personal injury sector. Supreme Cou rt of Arizona. The Accord ing to the spokesperson for Negative ads that present fellow defendants argued that the discipli­ the Grand Rap ids law office of Dale lawy ers as clowns, handing out con­ nary rule violated articles 1 and 2 of Sprik and Associates, Bob Sprik, doms to ma ritime clients that hav e a the She rma n Act" and infringed upon "Advertising makes it easier for the sloga n stating : "This law firm saves their First Ame ndment? rights. client to acknowledg e our services. seame n the old fashion ed way,"20 and Th e Sta te Supre me Co urt of Our trademark (b uffaloes) provides a snappy commercial jingles have many Arizona rejected both of the defen­ qui ck refere nce to the public of se r­ lawyers worried about the profes­ da nts' claims ." The State of Arizona vices that are offered.':" sion 's image. From the day the ruling cited that the rule was exempt from The adverse effects of legal adver­ was overturned, court justices were the Sherma n Act by state -ac tio n tiseme nts were focused on by the concerned about advertising 's impact exemption of Pa rker v. Brown," 317 Supreme Court members while issu­ on the profession. U.S. 314 (1943). The First Amen­ ing their opinio n. "Advertising is sa id In an effort to address these con­ dment rights of the defendant s were to erode the client's trust in his attor­ cerns, the American Bar Asso ciation not violated according to the court ney. Once the client perceives that (ABA) has initiated a commission to due to past cases." It was then held the atto rney is motivated out of prof­ focus on methods that "ensure adver­ tha t the plura lity!' was based on pas­ it, his co nfide nce that the atto rney is tising that flows both freely and clean­ sages in those opinions that may bear acting o ut of a co mmitment to the ly.'?' The foremost issue addressed special circumstances to advertising clients' we lfare is jeopardi zed.':" was that of moral suasion, which the legal profession." In today's world the imag e of incites members to have responsibili­ The case was then appealed to the Ame rican pe rsona l injury attorneys ty to the profession and themselves. U.S. Supreme Court which affirmed as mo ney-sucking leech es, an d/or Proclamations have su bse quently the decision, in pa rt, based on the "snakes in the road '"? is not far from been made that strengthen the legal irreleva nce to the She rma n Act. The majority opinion. Rece nt pe rso nal image. Such tactics recomme nded to Court reversed, however, the decision injury awards have many Ame ricans enact moral suasion include commu­ of irreleva ncy of co nstitutiona l rights qu estioning the necessity of so me nity councils to mo nitor and comme nt violation, " stating that "the flow of lawsuits ve rsus the ir benefits to the on negative imagery, ABA profession­ such information may not be attorney's earning potential. alism co des, and award programs ." res trained ...ther efore holding the The ABA curre ntly staffs a com­ present application of the disciplinary mission on advert ising that monitors developments in legal advertising ,

12 Explorato ry Discu ssion of Lega l Advert ising Ban s updates an d informs both the public the grieving, while trans posing a communication with the public and and the professio n, and research es tower of legal immunity from the past in no direct co ntact with prospective leading issues that impact the legal (Bates). clients in a manner that violate s the advertising environment. Its activities Rules of Professional Conduct if the include an advertising clea ringhouse Part ill: Exo neratio n communication or co nta ct were made that hou ses a library co ntaining infor­ Florida v. Mcl l enry is a recent deci­ by the lawyer . " 28 mation on legal advertising. The com­ sion with immense impact on adver­ Stewa rt Mcl-Ienry and his lawyer mission also sp onsors the Dignity in tising relating to the legal profession. referral service, Went For It, Inc., filed Lawyer Advertising award. This section will review the ba ck­ an action for declamatory and injunc­ Th e ABA Dignity in Lawyer ground of Mcl-lenry and its effects on tive relief in March of 1992 with the Advertising awa rd is one method of the public and lawyers. It will also U.S. District Court for the Middle publicly and professio na lly recogniz­ ex plain the effect of the decision on District of Florida." McHen ry chal­ ing "dignified and effective" legal the profession and the nation. len ged that Rules 4.7-4(b) ( 1) and 4.7­ advertisements . The ABA also has The 90s thus far have been a 8 vio lated First and Four teenth adopted "aspirational goa ls" to assist decade of renewal, from reaffirmation ame ndments. Mcl-lenry 's mot ive for lawyers in producing dignified and of constitutio nal rights to environmen­ suing was that his bu siness sent infor­ high-quality advertiseme nts. Th ese tal awaren ess. In this decad e the mati on targeted to victims or the ir goals include issu es such as convey­ Supreme Court has decided many survivors during the 30-day time peri­ ing a positive message to the public cases that reduce the liberties of the od and he wished to proceed with relative to the profession , avoiding individual. this manner of business ." ina ppropriate marketing sche mes that One such liberty is that of the The District Court referred the stain the legal profession , and making private citize n and its distaste of matte r to the magistrate judge who services affordable to the public." lawyers. Whether the spotted image resolved that the Florida Bar would Yet, des pite the efforts of the ABA, of lawyers is du e to media images or "protect the personal pr ivacy and many still consider legal adve rtisements that of mon etary jealousy, the public tranquillity of recent accident victims a negative solicitation of the publi c. is tired of all the lawyers. and the ir relatives...ens ur ing that Beyond the impersonal world of mass The most afflicted secto r of the these individu als do not fall prey to adve rtiseme nt as solicitation is the legal environment is the personal un du e influen ce or overreaching." 31 complex area of personal solicitation. injury sec tor. To the public this par­ The District Court rejected the mag is­ There are many wa ys that person ­ ticular segment seems to reek of trate report and entered a summary al solicitation can occur: chance gree d and selfish interest that disre­ judgment for the plaintlffs." Its bas is meeting in a public place, profession­ gards both the victim and the taxpay­ was progen y Bates v. State Ba r of al function s, phon e calls o r mail. To ers who fund the court system. Arizo na, 433 U.S. 350, and subse­ many this sco pe of legal advertising is After a two-year study on the que nt cases (see Part 0. The matt er most annoying. effects of lawyer advertising on public was then appea led to the eleve nth A television or radio ad can be eas­ opinion, the Florida Bar Association co urt where it was reaffirmed in the ily avoided by changing the channel resolved that several changes were same mann er as the lower co urt. or turning off the appliance complete­ need ed in its advertising rules. The Yet, in the appeal to the U.S. ly. News pa pe r ads can be shunned by State Supreme Court of Florida adopt­ Supreme Court the judgment wa s not reading them. An Internet site is ed these amendments with the fol­ reversed, the plaintiff asserting that chosen by cho ice and a referral or lowing two modifications:" the First and Fourteenth Amendments solicitation can be ignored . Yet, a per­ l. "A lawyer shall not send, or were not violated . Its grounds we re sonal petition through the mail can knowingly permit to be sent ... written based o n two areas: happen uninvited. communica tion to a prosp ective client 1) Bates and its progen y provide It is in the tim e of personal for the purpose of obtaining profes­ o nly a "limited measur e of First anguish that a lawyer can either be sional em ployment (see foot note 26) Amendment protect." The "immediate extremely hel pfu l or harassing. For if: (A) the written commu nication scrutiny " framework set forth in those wh o are oblivious to the legal­ concerns an action for personal injury Central Hudson Gas & Electric Corp. ities, or lack of same , pertaining to an or wrongful death or othe rwise relates v. Public Service Comm , of N. Y , 447 acc ide nt (when one is victimized), to an acc ident or disaster invo lving U.S. 557, a restriction on co mme rcial hope can be found in the lawyer who the person to whom the co mmunica­ speech that, like the advertising at has sought them . Ho wever, for those tion is addressed or a relative of that issu e, does not concern unlawful who are cultured in the legal world, a person, unl ess the accident or disaster activity and is not mislea din g is per­ soliciting lawyer is, for the most part , occurred more than 30 days prior to missible if the government: ( 1) asserts un acceptable in times of despair." the mailing of the com municatio n.'?' a substantial interest in support of its To pacify the public's exasperation 2."A lawyer shall not accept refer­ legislation; (2) establishes that the with the legal advertising world, the rals from a lawyer referral service restriction directly and materially governme nt has asserted itse lf to help unless the service: (1 ) engages in no adva nces that interest; and (3) demon-

GVSU McNair Scholars fournat VOLUME I. 1997 13 strates that the regulation is narrowly Even after the Oklahoma City losses to the unspoken ind ividuals drawn (&, at 564-555. Pp.3-5..Jj) bombing many attorneys flocked to who were hel ped , and not infu riated, 2) Thereby, the ban discussed with­ the area seeking clients who mig ht by direct-mail so licitation in Flori da. stands the Central Hudson scrutiny in need legal adv ice after the nati onal Wh en an accident occurs that thr ee eleme nts. First, the Florida Bar disaster. To co unteract greedy actions invo lves injury or death, relevance is has substantial interes t in both the from "parachute lawyers," as des­ given to the availab le facts regard ing victims an d their loved ones, as well cribed by th e O klahoma Bar th e accident's ca use in order to as the image of the profession to pro­ Association (OBA) executive director, ensure the victim(s) of their possibl e tect aga inst invasive, unsolicited co n­ a team of 200 lawyers wa s organized rightful restitution. However, some­ tact by lawyers. Seco nd , results of the to represent the fami lies and/ or th e times the restitution becomes a pr ior­ Florida Bar study show statistically and victims, free of cha rge. ity for the attorney inst ead of the vic­ anecdotally that direct-ma il solicita­ While maintaining that d irect-mail tims' needs. The Mct-Ienry case is o ne tions immediate ly after ac cidents so licitation is a necessity, no t a nu i­ aspect of government trying to se t reflect poorly on the pro fession.:" sa nce, \Visco nsin State Bar president­ guidelines for proper, arbitrary tactics Third, the limit of the ban is parallel elect David A. Soicheck states that wit h the goal being to end the nega­ to the stated objectives. Within the "sending letters are a far C1y fro m tive image of greedy lawyers. tim eframe given, Floridian s have amb ulance cha sing or passing out Yet, is a thirty-da y ban effective in other metho ds to learn about legal bus iness cards at a d isaster site . Most protecting the individual or the pro­ services if deem ed necessary." people app rec iate a letter becau se it fession? As previously noted , lawyers The effects of Mcllenry has been informs them of their rights as poten­ see dir ect mail as damning to th e pro­ question ed by many legal p rofession­ tial p laintiffs." fessio n. However, the devil is in the als. With the reversal of the lower Ot hers argu e that the Mciienry details, and the possible damage to a co urts' verdicts the Mcl-Ien ry case w ill case is biased in favor of the larger, victims ' case co uld result in the loss hav e the following implications: wea lthy firms. "The lawyers who most of the cas e w ithin the thirty-day sus­ 1) The Mcl-Ienry case w ill not legit­ rely on advertising an d so licitation are pension period. It could be beneficial imize all typ es of restrictions on legal solo practitioners and small firms , to the case as a waiting period to adve rtising. Th is case can provide beca use the larger firms already have establish injury. precedent for other states to initiate access to busin ess," says P. Cameron Now that the Mcllen ry case has their own restri ctions. DeVore , First Amendment expert who been rev ersed many experts are dis ­ 2) M cHem)' allows an ecd otes to be filed an arn incu s br ief in the case ..;7 As cussing its effec ts on co nsu mers seek­ relevant to First Amendment jurispru­ argued by Beverly Pohl , member of ing legal help. As noted in his disse nt dence . the Florida Bar, "Not all attorneys can afte r the op inion was delivered , J. 3) The direct-mail ba n applies only to afford TV ads. Direct mail is velY cost Kennedy warned "that the majority personal injury lawyers wis hing to effective for a lawyer w ith a small had undercut co nstitutional protec­ represent the victim. Insuran ce com­ practice. But it isn't effective if its tion in an importan t class of cases panies, media, and defendant attor­ delaye d after an accident. " and unsettled leading First Amen­ neys ma y still co ntact the victim Is the co ns umer rea lly at benefit or dment precedents , at the ex pense of through the ma il. is this an internal p rofessional war as those victims most in need of legal 4) All othe r mean s of legal service David Vlad eck, atto rney w ith th e ass istance . When an accident results marketing is still applicable. Public Citize n Litigation Group in in death or injury it is ofte n urgent to Co nseq uently, th e verdict has Washington, D.C., implies? According inves tigate the occurrence, identify made quite an impact on the legal to Vlad eck , th e Supreme Court's deci­ witness es, and p reserve evidence ... community. To so me the decision sio n "will only entrench the estab­ all tasks that can be performed only if will br ing an eleme nt of public ad mi­ lish ed bar. ..th e plaintiffs' lawyers the p laintiffs' law yer se eks o ut ration back to the p rofession. As wa nt to sq uelch the competition." prospective clients. "38 Kennedy's noted by Wilbur Warren, Kenosha , O ne mu st ask whether the profes­ opinion reflects the co ncern of many Wisconsin lawyer and cha irman of siona l argume nts are adequa te , in lawyers. the board which ha ndles disciplinary re lation to the basis for the Supreme As established in his co mme ntary actions against lawyers, "My sense of Court dec ision, in not only prot ecting for th e Con necticu t Law Tribune, it, from talking to lawyers in the co urt­ the professio n, but most important ly, Ralph GregOIY Elliot stresses co ncern hou se , is that the vast majority find the consu mer. for the uninformed victim . "For these direct-mail solicitations to be distaste­ people , all too often poor, unlett ered , ful and unprofessional. " ,\6 In agree­ Part IV: The Impending non-English-speaking, the alternative ment is William M. Cannon of Prospects channels of media, billboard, and Canno n & Duphy (a perso nal injury This section will discuss some of the Yellow Pag e ads are tot ally inade­ law firm) who finds lawyers tha t use benefits that th e consu mer faces quate means o f attention...when direct-mail solicitation "out of line without the Florida ban. It will also releases are being shoved under th eir and disreputable." provide insight on some possible noses and morticia ns plying their

14 Exploratory Discu ssion of Legal Advertising Bans wares.'?' How are these people to dif­ always be need ed even by thos e who Acknowledgements ferenti ate the type of lawyer they may are appalled by it. It is not the pro­ I would like to acknow ledge several profes­ need in their time of grief. Some may fession overall that is to blame , it's sionals helpful in my research: the American assume that the insuran ce compa ny the individu al. In research ing this Bar Association Advertising Committee will cover all da mages only to dis­ project I encountered many perso ns members Cassie Dallas Santa and \ViIIiam cover later this was not the case. Or in the legal profession who were too Hornsby, .II'; Michigan Bar Association an individual may leave an accide nt money grubbing to give me five min­ Director of Adv ert ising, Thomas Oren; Dale scene unharmed without an injury utes of their time, but I also enco un­ Sprik and Associates; as we ll as the Michigan Law Library. and othe r lawyers stated o n the police report. It is then tered those who were very helpful who wished to remain unnamed . too late to seek counse l, after the fact, and free of cha rge . when no cause is noted for the I support legal advertise ments, record. As David Singer, a Hollywood including mail so licitations .I feel def­ lawyer says, "Insurance co mpanies initely that if an acc ident victim had will have a thirty-day lead time to get encountered thos e selfish individuals claimants to sign aw ay their rights. ":" that I encountered on my research Unfortunately for some, the M c­ ve ntures , the ir judicial rights might be H em )' decision will not be seen as lost and they could possibly co ntinue vindication in Florida. It will instead to rem ain a victim. be interpreted as complete darkness Currently, the State of Mich igan is in a unknown world. considering the same so licitation rule. The Michigan Bar Association has Part V: Conclusion established through its profession al As a futur e lawyer, I find legal adver­ committee a recommendation against tising and bans, as discussed in the a sol icitation rule. Although more Mciienry case, interesting. Beginn ing resea rch will be performed to eva lua te with the Bates case, the legal ad vertis­ all the possibilities, it will be interest­ ing that is bein g eithe r discouraged or ing to compare the results of the legal praised is all that I have ever known. integrity in Florida vs. the pu blic As a co nsumer I find that it's not main­ image here in Michigan . I seriously stream advertising that hurts the image doubt that a letter of solicitation will of lawyers as mu ch as sensationalism. influence this issue in a positive way. In the ign orant age of entertain­ ment, many only know what they see and hear. Thro ugh available ve nues, suc h as movies and books, we read and establish perception s of how the world functions. The perception is that lawyers are greed y be cause they charge outrageous prices and live outlandish lifestyles. In the world of reality few live the life of greed. The prices charged are du e to econo mic circumstances suc h as finan cial responsibilities, i.e., school loans, time, and manpower. To be a lawyer is a tremendous cycle of ex pe nses from things as minute as co py fees to major ex pe nse s such as private inves­ tigator fees. O n ave rage , if a case goes to trial, a lawyer could sp end a minimum of 100 ho urs in preparation for the case. And when averaged out , $100.00 an ho ur is chea p if it means avo iding a fina ncial loss, custody of a child or even impri sonment, which is why even thoug h pe ople co mplain, they still pay. The refore, the legal profession will

GVSU MctvairScbola rs fonrnat VOLUME I. 1997 1':; Footnotes 1 Disciplinary Rule 2- 101(B), inco rp . in Rule 29(a) of the Supre me Court of Arizona, 17AAriz. Rev. Stat., p.26 (Sup p. 1976). 2 The partners used this term for the ir law office w hich specialized in pro viding inexp en sive legal se rvices to lower-income ind ividuals. 3 To provide such economica l prices, services were limited to uncontested d ivorces. uncontested adoption s, co mmo n perso nal bankruptcies, and name changes. * Infor mation cited from Bates u. State Bar ofA rizo na 433 U.S. 350 p354. 4 ill., at Trial of O ral Arg. 4. 5 As pre scribed by Arizona Supreme Co urt Rule 33. 6 State Supreme Court Rule 36. 7 Per mitted by State Supreme Court Rule 37. 8 Federal Act that prohi bits compe titio n limits. 9 Amendment of the Constitution that provides freed om of speech to citizens of America. 10 113 Ariz. 394, 555 P.2d 640 ( 976). II Fram ework case that sta ted Californ ia officials were not prohibited to have sta te programs that limited growers or raisins, thus , maintaining prices. The Supre me Co urt held that "as sove reign, it imp osed the restraint as an act of governm ent which the She rman Act did not prohibit." (317 U.S. at 352.) 12 William son u. Lee Optical Co., 348 U.S. 483 ( 955), and Virgi nia Pharm acy u. Virginia Consurner Con nett. 425 U.S. 748 (976). 13 Meaning is similar to co mmon co nnection. 14 It should be noted that in so me cases, such as Willia mson u. Lee Opt ical, the co urts did not resolve a First Amen dm ent issue. 15 According to the filling the "co nstitutio nal issue of the case was w he ther the Suprem e Court ma y pr event the pu blication in a newsp ap er of truthful advertising co ncern ing the ava ilability and terms of routine legal se rvices." (Bates u. State Bar ofAriz ona, 433 U.S. 350 pp. 384.) 16 Id ., at 402-403, 555 P. 2d, at 648-649. 17 See acknowledgem ents after th is article. 18 Bates u. State ofA rizo na 433 U.S. 368 19 Response wr itten of a min ute survey that was issue d as part of the resea rch for th is project. See Ackn owledgement s. 20 Excerpt from "The org anize d bar 's ro le," Bar Leader, (Ian/Feb. 1995). 21 Bar Leader (Jan./Feb . 1995), p . 9 par. 13 22 "Recommendations from lawy er advertising at the crossroads," Bar Leader. (Ian ./Feb. 1995). 23 ABA Dignity in Lawyer Advert ising website. www .aba net.o rgilega lserv/dignityaward .hm tJ. 24 Peltz,"Legal ad vertising-op ening pan dora's box" 19 Steso n L. Rev. 43, 116 ( 989). 25 "Florida Bar: Pet ition to amend the rules regulating the Florida Bar"-Advertisin !-! Issues, 571, So . 2d 451 (Fla. 1990). 26 1995 WL 365648 (U.S.)p.2 par, 27 Rule 4-7C b) (J) 28 Rule 4-7.8 (a) 29 1995 \,\'L 365648 (U.S.) p.2 para.2 30 Note : McHenry wa s disbarred for unrelated action s; John T. Blakely, licensed in Flor ida, substituted in his place. 31 1995 WL 365648(U.S.)p.2 pa ra.S 32 808F.Supp. 1543(MD Fla.1992) 33 1995 WL 365648 CU.S.) pp.I par.3 Opinion of J. O'Conn or. 34 Respon dents menti on ed as a basis by J. O'Con no r are Edenfield u. Pane 507 U.S.; Shapero u. Kent ucky Bar Assn.. 486 U.S. 466, 475-476; and Bolger u. Youngs Drug Pro ducts COIP.. 463 U.S. 60. n. 35 This section was taken in part from West Law docume ntation of the Supre me Court decision de cided June 21,1995, for the MctIenr» case 1995 WL 365648 (U.S,). 36 Taken from Milwaukee Journal Sentine l. Dece mber 24, 1995. 37 Lawyers Week ly USA. July 3, 1995. 38 63 U.S.L.W. 4644, Wall Stree t [oum al Jun e 22. 1995. 39 Conne cticut Law Tribun e 21 (50) December 18, 1995. 40 Quote is an ex cerpt from The Miami Herald Ju ne 22, 1995.

Exploratory Discussion of Legal Advertising Bans