Advertising (Legal)
What does "Advertising (Legal)" mean in law?
Model Rule 7.2 permits lawyers to advertise their services through written, recorded, or electronic communications, including public media, subject to the requirements that the communication not be false or misleading under Rule 7.1. The Supreme Court first recognized a constitutional right to attorney advertising in Bates v. State Bar of Arizona (1977), holding that truthful advertising about the availability and cost of legal services is commercial speech protected by the First Amendment. Unlike solicitation, advertising is directed at the general public rather than targeted at specific individuals, which reduces the risk of coercion. Lawyers must retain copies of advertisements and include the name and contact information of at least one responsible lawyer.
Definition
Model Rule 7.2 permits lawyers to advertise their services through written, recorded, or electronic communications, including public media, subject to the requirements that the communication not be false or misleading under Rule 7.1. The Supreme Court first recognized a constitutional right to attorney advertising in Bates v. State Bar of Arizona (1977), holding that truthful advertising about the availability and cost of legal services is commercial speech protected by the First Amendment. Unlike solicitation, advertising is directed at the general public rather than targeted at specific individuals, which reduces the risk of coercion. Lawyers must retain copies of advertisements and include the name and contact information of at least one responsible lawyer.
Example
A personal injury firm runs a television commercial stating its lawyers have 'over 50 years of combined experience' and listing its contingency fee structure, which is permissible advertising under Rule 7.2 as long as the claims are truthful and not misleading.