Warning
Info
Warning
Info
Simple English definitions for legal terms
legal advertising
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A quick definition of legal advertising:
Legal advertising is when a lawyer or law firm advertises their services to try and get new clients. They can advertise in different ways like on TV, online, or in the mail. The rules for legal advertising are made by state bar associations, who want to make sure that lawyers are not lying or tricking people in their ads. It used to be illegal to advertise legal services, but now it is allowed as long as it is truthful and not misleading. If a lawyer breaks the rules, they could get in trouble and even lose their license to practice law.A more thorough explanation:
Legal advertising refers to the promotion of legal services offered by a lawyer or law firm to attract potential clients. This type of advertising can take various forms, such as printing, mailing, television, and online advertising.
State bar associations regulate legal advertising and have different rules for defining advertising and restricting its content. These rules are often based on the American Bar Association's Model Rules of Professional Conduct, which are highly persuasive to state bar associations.
Legal advertising was prohibited by most states in the 1970s until the Supreme Court held in John R. Bates and Van O'Steen v. State Bar of Arizona in 1977 that legal advertising is commercial speech and thus is accorded First Amendment protection. State bar associations cannot impose blanket suppression on legal advertising, although they can restrict misleading or false advertisement.
For example, a law firm may advertise its services on a billboard or in a newspaper. The advertisement may include the firm's name, areas of practice, and contact information. However, the advertisement cannot be misleading or false, such as claiming to have won a case that the firm did not actually win.
Lawyers who violate legal advertising rules may face disbarment by state bar associations and could also endure judicial proceedings for engaging in false or misleading legal advertisement.