About Lawyers in Defense of Consumer Information
The purpose of Lawyers in Defense of Consumer Information is to reinforce to attorneys their constitutional right to lawyer advertising along with the benefits consumers derive from advertising.
The U.S. Supreme Court recognized attorneys’ constitutional right to advertise in the precedential case Bates v. State Bar of Arizona.
While reasonable restrictions can be placed on deceptive, false, or misleading advertisements, policy makers should not unnecessarily restrict the dissemination of truthful and non-misleading advertising that help consumers make informed decisions.
Prohibiting or severely restricting advertising serves only to restrict the flow of information to consumers.
Advertising is educational, reaching people who otherwise would be ignorant on their legal rights and options, and “attorney advertising is one of the best ways to foster price competition,” according to the Federal Trade Commission (FTC).
Research has found restrictions on lawyer advertising lead to higher prices and have either a negative or no effect on quality. The FTC considered the effects of different commercial speech restrictions on attorneys and concluded “greater flexibility to engage in non-deceptive advertising will be associated with lower prices for consumers of legal services.”