Advertising by Attorneys : New Developments

Advertising by attorneys has been a controversial issue. Historically, many a learned society has prohibited advertising by its members; and until the 1970s it was believed that commercial speech, including advertising by professionals, being mercantile in nature, did not have the same kind of First Amendment protection as did other forms of speech. Because of this belief, advertising by professionals was heavily regulated by the states as well as by the professional societies. Since 1977 though, courts have taken the view that professional advertising does deserve First Amendment protection. In recent years, there have been some court cases that are likely to have a profound effect on advertising by attorneys. In this paper, we review the origins of the laws concerning advertising and promotions by attorneys and then examine the recent cases that revolutionize the law with respect to commercial speech regulation and its protection under the First Amendment. Finally, we discuss the implications of these decisions on persons who wish to engage in advertising to promote a professional practice