In the United States, ads of services by members of the legal profession are normally allowed but governed by state courts and bar association rules.
Ads for lawyers and law firms have different forms: print, television, radio, yellow pages, and online advertising. Among the most common types of legal advertising are advertisements by lawyers in lawsuits, whose legal offices include personal injury, medical malpractice, negligence, and product liability cases involving compensation for loss or damage caused by others. But legal advertising is used by lawyers who specialize in other areas of legal practice, including criminal defense, bankruptcy, property law, and family law.
Video Legal advertising in the United States
History
Before the Canon Professional Ethics was published by the American Bar Association (ABA) in 1908, advertising within the legal profession was commonplace. The ABA believes that advertising lawyers are unprofessional and reflect negative views on the legal profession. They also recognize that courts are places where parties can "incur major losses to one another". ABA wants to prevent the expulsion of cases where there is no basis for their claims. Lawyers are still allowed to be included in legal directories containing basic information of lawyers, including their names and contact information. They are also allowed to print business cards and use professional letterhead, but otherwise advertising is strictly prohibited. The Chicago Bar Association believes that "The most viable and effective advertising possible... is the establishment of a well-deserved reputation for professional capacity and faithfulness to trust".
Worries
In the case of Bates v. State Bar of Arizona, Arizona State Bar opposes advertising by law firms because they believe that advertising will put too much burden on the legal system. They believe that advertising may be too effective and dangerous to increase litigation. They also believe that lawyers will raise the cost of their services to offset their increased overhead costs due to the additional cost of advertising. Another fear is that the legal profession will be viewed as a general trade rather than a noble profession they believe to be part of.
Bar associations and consumer advocates are concerned that community members will not protect themselves from false or misleading attorney's advertising. Bar also believes that legalizing advertising will lead to more people to pursue a career in law. This is the result of a study showing that between 1951 and 1971 the number of lawyers increased by 326%. They also believe that increased advertising will increase a larger client base and will make it harder for lawyers to serve their clients.
Bates v. State Bar of Arizona
In 1972 John Bates and Van O'steen were accepted at the State Bar of Arizona. As soon as they entered the bar, the couple started working for the Maricopa County Legal Aid Institute. After working there for two years, they set up their own practice.
As their company handles cases for clients who can not qualify for government grants even though their income is moderate. Bates and O'Steen decided that, rather than charging a high price for their services, they would focus on a large volume of cases to generate their income; thereby, the company focuses its practice on low-cost cases such as irrefutable divorce, adoption, simple bankruptcy cases, and name changes. They realize that to get the required volume, they need to advertise their name and service to the public. Bates and O'steen advertised on Arizona Republic on February 22, 1976. State Bar acted to review the case. Both Bates and O'steen were suspended from law practice for six months under the State Bar of Arizona regulations. Bates and O'steen petitioned the Arizona Supreme Court to review their case on the grounds that a total ban on advertising violates the Sherman Antitrust Act and the First Amendment of the US Constitution. The state Supreme Court rejected both of their demands, but reduced their suspension, in part, because the court believed that Bates and O'steen advertised as a way to test the constitutionality of advertising bans in the legal industry.
The US Supreme Court acknowledges that they have the power to review court decisions in lower courts and set the case for arguments. Supreme Court Justice Warren E. Burger dismissed the claim that a total ban on advertising by lawyers and law firms was a violation of the Sherman Antitrust Act. He based his position on the precedent set at Goldfarb v. Virginia State Bar . This case sets a precedent that "lawyers are involved in trade or commerce," and lawyers and legal practice may not be exempt from the Sherman Antiprust Act.
On claims of violation of freedom of speech, the Supreme Court ruled in favor of Bates and O'steen, who stated that Arizona's advertising ban "impedes the flow of free and [public] information in ignorance". Therefore the Supreme Court to remove the ban on advertising. However, they still allow the State Bar to "organize" ads to ensure that the information presented is true and not mislead others or make false claims. State association associations across the country quickly began to lift their ban on advertising.
Ad exclusion
After the US Supreme Court decision, the firm's advertising activity increased significantly. Initially the majority of advertisement lawyers directed at victims of "car accident". Then, the advertisement seeks to recruit clients who are affected by drugs that are called for safety reasons or have unexpected or undisclosed side effects.
In 75 major national television markets, 2,000 lawyers advertise on television and spend nearly $ 200 million collectively on advertising. Twenty percent of low-income households seeking legal counsel or advice have found their lawyers through lawyer advertisements.
An estimated 75 percent of law firms advertise. Research shows that the smaller the company, the more likely they are to advertise. According to an article published in Quarterly Marketing Services, 94% of Americans are familiar with television attorney advertisements.
Maps Legal advertising in the United States
Rule
The ABA has set the standard for the lawyer's advertising regulation: "The state may prohibit false or misleading speeches If the communication is true and not deceptive, the state may limit [advertising] if the state affirms the interests of a large government." Regulations under supervision should advance the interests of country. Rules must fit sensibly narrowly tailored to achieve desired goals. "There is a conflict between law firms and ABA because lawyer advertising is made legal.
The ABA rules have no legal force and are not enforced by state bar associations. Individual association associations continue to limit and organize ads. For example, New York print ads are only allowed to load addresses and phone numbers and only print specialties unless the company has a license in that specialization.
Trial cases that have been filed challenging ads usually involve ads that make sense for raw but more often than not advertisers win as courts uphold the free right to speak attorney. For example, a case in Florida is being reviewed by the Florida Supreme Court where lawyers send applications by direct mail to those who have been affected by false deaths or personal injuries.
Ad form
In the last few decades, legal ads rely heavily on traditional phone directories, mainly including Yellow Pages ads. In recent years, as the use of traditional phone directories has declined, advertising efforts have shifted to media and other technologies.
Lawyers advertise in traditional media, including television, radio, and in newspapers. Because of the cost of television advertising, television marketing is usually limited to a small number of law firms with large advertising budgets, and to network of lawyers and commercial referral services that lead clients to participating attorneys. A relatively small number of lawyers advertise on the radio. With declining print newspapers, many lawyers' ads have shifted away from print and have gone online.
Some lawyers have historically marketed their services through client bulletins. Historically, bulletins are printed documents sent to clients. Many law firm bulletins are now offered via email.
Some lawyers immediately market themselves to potential clients through direct mail. For targeted direct mail, attorneys may obtain information about people who have potential legal issues from public records or other sources, then contact the prospective client to indicate that they are available to provide representation. Direct mail advertising must be done carefully to avoid violating the rules of the state of professional behavior. Lawyers can also post non-targeted ads by mail, such as general information about their law firm and its services or invites to attend seminars hosted by the company.
Most law firms now have at least basic websites to market their services. Many law firms use different forms of online marketing and advertising to reach potential clients, including promotions through media focusing on their local markets, participation in advertising networks, use of social media, and online directories and referral services. Some lawyers market themselves by publishing information online, either on their own web sites or weblogs, or through third party websites.
See also
- Lawyer referral service
References
Source of the article : Wikipedia
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