The past, present, and future of legal services advertising and the first amendment: A review of judicial decisions and published research articles

Services Marketing Quarterly

Volumn 27, Issue 3, 2006, Pages 1-15

  Reynolds, Daniel L ^a  

^a MIDDLE TENNESSEE STATE UNIVERSITY   (United States)

Author keywords

Attorney advertising; Constitution; Court cases; First Amendment; Judicial decisions; Lawyers; Legal services advertising

Indexed keywords

EID: 33746855446     PISSN: 15332969     EISSN: 15332977     Source Type: Journal    
DOI: 10.1300/J396v27n03_01     Document Type: Review

References (71)

1. ABA Canons of Professional Conduct, Canon 27 (1908).
2. Abercombie, Paul (1998). "Lawyers State Their Case through Advertising: As the Numbers of Attorneys Has Grown, So Have Ads for Attorneys, Igniting a Statewide Debate," Tampa Bay Business Journal, March 27, Vol. 18:13, pp. 20.
3. Abernathy, Avery M., and Daniel D. Butler (1991). "Yellow Pages Advertising Strategy for Attorneys," Journal of Professional Services Marketing, Vol. 18:2, pp. 21.
4. Altman, James M. (2003). "Considering the A.B.A.'s 1908 Canons of Ethics," 71 Fordham L. Rev. 2395.
5. Andrus, David M. (1995). "The Advertising of Legal Services to Small Business Executives," Journal of Professional Services Marketing, Vol. 12:1, pp. 139-162.
6. Anonymous (1987). "A Decade of Lawyer Ads," Changing Times, October, pp. 120.
7. Anonymous (1998). "Unneeded New Laws for Lawyers Advertising," The Daily Record, Baltimore, July 23, p. 1.
8. Anonymous (2001). "1-800-Attorney, Inc. Launches New Web Site," Business Wire, Inc., November 14.
9. Anonymous (2002). "Yellow Pages Industry Marks 25th Anniversary of Supreme Court Ruling on Lawyer Advertising," Business Wire, Inc., July 29.
10. Backer, Daniel (2002). "Choice of Law in Online Legal Ethics: Changing a Vague Standard for Attorney Advertising on the Internet," 70 Fordham L Rev. 2409.
11. Beckman, David, and David Hirsch (2000). "The E-Commerce Manifesto,"ABA Journal, March Vol. 86, pp. 86.
12. Ballard, Mark (2002). "The Little Ad That Changed Everything," National Law Journal, Vol. 24: 53, p. A1.
13. Bates v. State Bar of Arizona (1977). 433 U.S. 250.
14. Bencivengo, Glen (2003). "The Legal Community Meets the Internet," Online (Medford), Vol. 27:2, pp. 31.
15. Bigelow v. Virginia (1975). 421 U.S. 809.
16. Birdsell, Kandi L., and Joshua D. Janow (2002). "Legal Advertising: Finding Timely Direction in the World of Direct Solicitation," 15 Geo. J. Legal Ethics 671.
17. Caher, John (2001). "Legal Advertising on the Web Raises Ethical Quandaries," New York Law Journal, January 25, pp. 1.
18. Central Hudson Gas & Electric Corp. v. Public Service Commissions (1980). 447 U.S. 557.
19. Cimperman, Jennifer Scott (2002). "Pitching the Law," Plain Dealer (Cleveland), October 9, p. C1.
20. Clarke, Ric (Sep 12, 1996). "Lawyer Advertising Heats Up," Journal of Business, (Spokane) Vol. 11:17, p. 1.
21. Cooper, Sonja J.M. (2002). "Comments on Lawyer Advertising Papers," 14 Cardozo Studies in L. & Lit. 207.
22. Cross, Frank B., and Roger LeRoy Miller (2004). West's Legal Environment of Business: Text, and Cases, United States: West.
23. Cutler, Bob D., Chris Moberg, and Kurt Schimmel (1999). "Attorney Advertising: The Link Between Ad Cues and Consumer Search Criteria," Journal of Professional Services Marketing, Vol. 19:1, pp. 11.
24. Dunnigan, Pat. (1997). "Faceoff over TV Ads: The Bar Is Considering Further Restrictions on Attorney Advertising, but Some Members Are Suing," Florida Trends, Vol. 40:4, pp. 88.
25. Edenfield v. Fane (1993). 507 U.S. 761.
26. Filler, Daniel (2002). "Lawyers in the Yellow Pages," 14 Cardozo Studies in L. & Lit. 169.
27. Florida Bar v. Went for It, Inc. (1995). 515 U.S. 618.
28. Freedman, Michael (2001). "New Techniques in Ambulance Chasing," November 12, Forbes, pp. 56.
29. Fulkerson, Jennifer (1995). "When Lawyers Advertise," American Demographics, Vol. 17:6, pp. 54-55.
30. Geyelin, Milo (1992). "Corporate Firm Takes Plunge into TV Ads," Wall Street Journal, August 6, p. B1.
31. Grey, Patricia Bellew (1987). "More Lawyer Reluctantly Adopt Strange New Practice-Marketing," Wall Street Journal, Jan. 30, Col. 4, pp. 25.
32. Haywood, Amy, and Melissa Jones (2001). "Navigating a Sea of Uncertainty: How Existing Ethical Guidelines Pertain to the Marketing of Legal Services over the Internet," 14 The Georgetown Journal of Legal Ethics 1099.
33. Hylton, J. Gordon (1998). Professional Values and Individual Autonomy: The United States Supreme Court and Lawyer Advertising, Durham: Carolina Academic Press, p. 4.
34. Ibanez v. Florida Board of Accountancy (1994). 512 U.S. 136.
35. In Re R.M.J. (1982), 455 U.S. 191.
36. In the Matter of Samuel E. Neuman, an Attorney (1915). 169 A.D. 638.
37. Johns, Horace E. (1988). "From Bigelow to Shapero: Steps along the Way in Attorney Advertising," 22:2 Akron L. Rev. 173.
38. Kershen, Drew L. (1999). "Professional. Legal Organizations on the Internet: Websites and Ethics," 4 Drake J. Agric. L. 141.
39. Kinsler, Jeffrey S. (1993). "Targeted Direct-Mail Solicitation: Shapero v. Kentucky Bar Association under Attack," 25 Log. U. Chi. L. J. 1:7.
40. Kirkland, Elizabeth (2003). "Mississippi Supreme Court Revises Lawyer Advertising Rules," The Mississippi Business Journal, June 9, Vol. 25:1, p. 29.
41. Lovell, Sandy (2001). "Debate over Specialists: Titles Heads for Court Rule Would Permit, but Restrict, Self-Described Specialization," New Jersey Law Journal, February 19.
42. MacDonald, Diane B., and Mary Anne Raymond (1991). "Attorney Advertising: Do Attorneys Know Their Clients?" Journal of Professional Services Marketing, 7:1, pp. 99-118.
43. Martel, Jr., Richard P. (1997). "Regulation of Advertising in the Legal Profession Still Hazy after All These Years," 1997 Detroit C. L. Rev. 123.
44. Millazzo, Don (1999). "Attorneys Fine-Time AdPitches," Birmingham Business Journal, Vol. September 20, 16:38, pp. 21.
45. O'Brien, Tim (2003). "Committee Draws Yet Another Line on Group Advertising by Lawyers," New Jersey Law Journal, March 14.
46. Ohralik v. Ohio State Bar Ass'n. (1978). 436 U.S. 447.
47. Olekson, Angi (2003). "Barrage of Attorney Advertisements Is No Accident," Las Vegas Business Press, October 6, Vol. 20:40, p. 7.
48. Oreskovic, Alexei (2003). "Television Ads Are Becoming More Popular among Lawyers Seeking New Clients and Ways to Get the Word Out about Cases and Settlements," The Recorder, Sept. 2, Vol. 9:2.
49. Parkinson, Michael, and Sabrina Neeley (2003). "Attorney Advertising: Does It Meet Its Objective?" Services Marketing Quarterly, Vol. 24:3, pp. 17.
50. Peel v. Attorney Registration and Disciplinary Commission of Illinois (1990). 496 U.S. 91.
51. Peltz, Robert D. (1989). "Legal Advertising: Opening Pandora's Box?" 19 Stetson L. Rev. 43.
52. Perkins, Kyle Lawrence (1999/2000). "Attorney Advertising: the Marketing of Legal Services in the Twenty-First Century," 35 Gov. L. Rev. 99.
53. Phelps, David (2002). "25 Years after the Supreme Court Ruled Lawyers Could Advertise, Law Firms Arc Marketed as Aggressively as Cars," Minneapolis Star Tribune, Oct. 26, ID.
54. Post, Leonard (2003). "Kentucky Bar Rewrites Ad Rules," National Law Journal, Vol. 25:34, p. 1.
55. Pribek, Jane (2002). "Do You Have a Winning Yellow Pages Ad?" Wisconsin Law Journal, April. 10.
56. Reed, O. Lee, Peter J. Shedd, Jere W. Morehead, and Robert N. Corley (2002). The Legal and Regulatory Environment of Business, United States: McGraw-Hill Irwin.
57. Robbins, Mary Alice (2003). "Wrangling Over Ads Goes from Federal to State Court," Texas Lawyers, February 17, Vol. 18:51, p. 8.
58. Rotunda, Ronald D. (1997). "Professionalism, Legal Advertising, and Free Speech in the Wake of Florida Bar v. Went for It, Inc.," 49 Ark. L. Rev. 703.
59. Sahl, Jack P. (2003). "The Cost of Humanitarian Assistance: Ethical Rules and the First Amendment," 34 St. Mary's L. J. 795.
60. Shapero v. Kentucky Bar Assn. (1988). 486 U.S. 466.
61. Smith, Hubble (2003). "Las Vegas Lawyers: TV Commercials Build Recognition with Potential Customers," Tribune Business News, September 28, p. 1.
62. Sokolovc, James S. (2000). "Arcane Lawyer-Advertising Ruling Holds Resonance for All Marketers," Braudweek, June 5, Vol. 41:23, pp. 30.
63. Vaculik, Jennifer (2003). "Bidding by the Bar: Online Auction Sites for Legal Services," Texas Law Review, December, Vol. 82:2, pp. 445.
64. Valentine v. Chrestensen (1942). 316 U.S. 52.
65. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (1976). 425 U.S. 748.
66. Walter, Donna (2003). "MoBar Recommends Changes to Rules Concerning Predator Lawyer Advertising," St. Louis Daily Record/St.Louis Countian, August 23, p. 1.
67. Watkins, John J. (1997). "Lawyer Advertising, the Electronic Media, and the First Amendment," 49 Ark, L. Rev. 739.
68. Wheeler, William (1978). "Lawyer Advertising: The Way It Was In the Good Old Days," Illinois Bar Journal, October.
69. Wickenheiser, Matt (2003). "Maine Court Holds Public Hearing on Guidelines for Lawyers' Advertisements," Tribune Business News, January 14, p. 1.
70. Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio (1985). 471 U.S. 626.
71. Zelenko, Daniel L. (1996). "Do You Need a Lawyer? You May Have to Wait 30 Days: The Supreme Court Went Too Far in Florida Bar v. Went for It, Inc.," 45 Am. U. L. Rev. 1215.