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Legal advertising


Legal advertising is advertising by lawyers (attorneys at law) and law firms. Legal marketing is a broader term referring to advertising and other practices, such as client relations, cross-selling,public relations and maintaining contact with Alumni.

Certain marketing practices are considered illegal, and many others may be considered violations of legal ethics. Shock advertising, for example, would be considered unethical; directly soliciting clients (known as barratry, or "ambulance chasing") is illegal.

The first major case law decision on legal advertising is the Supreme Court ruling in Bates v. Arizona State Bar 433 U.S. 350 (1977).

The New York and Florida court systems proposed several restrictions on advertising in 2006 and 2007. The N.Y. proposals, in particular, generated much controversy. In 2005, New York State Bar Association President Vincent Buzard appointed a Task Force on Lawyer Advertising, chaired by Bernice K. Leber, to make proposals for consideration by NYSBA and the New York courts.

The new rules for New York were effective on February 1, 2007. For the first time, the New York Legal system defined legal advertising, as:
"any public or private communication made on or behalf of a lawyer or law firm about that lawyer or law firm's services, the primary purpose of which is for the retention of the lawyer or law firm." The new rule specifically exempts communications to existing clients or other lawyers.Publicity is, for the first time, also included as a synonym of advertising. The newly revised rules now allow advertising about a lawyer's publications and "bona fide professional ratings". There are certain special rules for email advertising, prohibiting spam.


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