The ABA began limiting advertising by lawyers in 1908. However, the climate changed when the ABA condemned advertising by lawyers in its 1908 Canons of Professional Ethics. Arizona State Bar Association, 433 EE. UU.
The lawsuit was based on an advertisement published in a newspaper by the appellants for their legal clinic, in which they claimed that they offered legal services at very reasonable prices and listed the fees they paid for certain services, namely, uncontested divorces, uncontested adoptions, simple personal bankruptcies, and name changes. The Arizona Supreme Court upheld the conclusion of a committee of attorneys that the appellants had violated the rule, and rejected the appellants' allegations that the rule violated Articles 1 and 2 of the Sherman Act because of its tendency to limit competition, and that it violated the First Amendment rights of appellants. C) Advertising for legal services is not inherently misleading. Only routine services are provided for advertising, and for such services, significant fixed rates can be set, as demonstrated by the Arizona State Bar Association's own Legal Services Program.
While a client cannot (C) The fact that appellants failed to disclose that the client could make a name change without the help of an attorney was not misleading, since the difficulty of performing the task is not revealed, and since most cases Bates v. The restriction on advertising of lawyers imposed by the Arizona Supreme Court, which exercises state power over the practice of law, is not subject to attack under the Sherman Act. While advertising does not provide a complete basis on which to select an attorney, it would be peculiar to deny the consumer at least some of the relevant information needed to make an informed decision on the basis that the information is not complete. A) This case does not involve any question relating to in-person soliciting or advertising regarding the quality of legal services, but only the question of whether lawyers can constitutionally announce the prices at which certain routine services will be provided.
The bar association also argued that legalizing advertising would cause more and more people to pursue a career in law. D) Advertising, the traditional mechanism in a free market economy for a supplier to inform a potential buyer of the availability and conditions of exchange, may well benefit the administration of justice. Because of the cost of television advertising, television marketing is generally limited to a small number of law firms with large advertising budgets and to networks of lawyers and business referral services that direct clients to participating attorneys. The overbroad doctrine of the First Amendment, which represents a departure from the traditional rule that a person cannot challenge a law on the grounds that it could be applied unconstitutionally in circumstances other than those brought before the court, is inapplicable to professional advertising, a context in which it is not necessary to promote the intended objective, cf.
According to an article published in the Service Marketing Quarterly, 94% of Americans are familiar with television commercials for lawyers. Bar associations and consumer advocates were concerned that members of the public would not protect themselves from false or misleading lawyer advertisements. Bates and O'steen decided that, instead of charging expensive fees for their services, they would focus on a large volume of cases to generate their revenues; therefore, the firm focused its practice on low-cost cases, such as uncontested divorces, adoptions, simple bankruptcy cases, and name changes. F) A lawyer who is inclined to reduce quality will do so regardless of the advertising standard, whose restrictions are an ineffective deterrent to poor-quality work.
This was the result of a study that showed that between 1951 and 1971 the number of lawyers increased by 326%. Lawyers can also send non-targeted advertisements by mail, such as general information about their law firm and its services or invitations to attend seminars organized by the firm. The fees announced by appellants for an uncontested divorce, which was specifically cited by the appellant, are in line with the usual charges in the area. They also believed that lawyers would increase the cost of their services to offset the increase in their expenses due to the additional cost of advertising.