External Resources on Legal Advertising

The U.S. Supreme Court recognized attorneys’ constitutional right to advertise in the precedential case Bates v. State Bar of Arizona. The court considers legal advertising protected commercial speech, which serves individual and societal interests in assuring informed and reliable decision making.

The Federal Trade Commission’s purpose is to enforce laws prohibiting unfair methods of competition and unfair or deceptive acts or practices affecting commerce. Pursuant to this statutory mandate, the FTC encourages competition in the licensed professions, including the legal profession, through enforcement of the antitrust laws and competition advocacy.

Read the Federal Trade Commission’s letters supporting attorneys right to advertise, which includes dozens of citations to law reviews and studies. The FTC holds that truthful and non-deceptive comparative advertising “is a source of important information to consumers, assists them in making rational purchase decisions, encourages product improvement and innovation, and can lead to lower prices in the marketplace.”

Advertising is “an immensely powerful instrument for the elimination of ignorance” and from which consumers derive substantial benefits, according to George J. Stigler’s “The Economics of Information.” Stigler argues that advertising is necessary because in every consumer market there will be a stream of new buyers requiring knowledge of companies selling those services sought.

The American Bar Association compiled a list of “10 Aspirational Goals for Lawyer Advertising” that are intended to provide suggested objectives which all lawyers who engage in advertising their services should be encouraged to achieve.

For case law, articles, and support research on legal advertising, please visit the American Bar Association Center for Professional Responsibility. Advertising can help people to better understand the legal services available to them and how to obtain those services, according to the ABA.

The Wikipedia article on “legal advertising” contains a plethora of general information and links on case law and ethics surrounding legal advertising not only in the U.S. but across the world.

While this Corante blog has not been updated in several years, it nevertheless contains a rich assortment of articles and links related to legal advertising and advertising case law.