This is an extract of our Advertising And Solicitation document, which we sell as part of our Ethics (Duke Smolla) Outlines collection written by the top tier of Duke University School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Ethics (Duke Smolla) Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Advertising and Solicitation Hypo 1: personal injury lawyer, Clark, was once a division one basketball player, Clark the Shark, he wants to use Clark the Shark to name his law firm. Hypo 2: a family law lawyer has a wonderful reputation for women's and LGBT rights. One of her clients is a US soccer team player lesbian. Can the client go on TV to promote the lawyer's firm? (client testimony) Many states do not allow client testimonial. Hypo 3: Hedge fund is considering an investment in a company that makes commercial for law firms. Commercials are the same except for the name of law firms.
Hypo 4: Service helping attorneys identifying clients who has been through life events (car accidents, death, etc.). Customized google ad according to the search. Selling the advertisements to law firms. This is a form of mass advertising, it is not a form of targeted mail. Google ad is how modern advertisement works.
Advertisement Bates: lawyer advertising was a form of commercial speech protected by the first amendment, and that advertising by attorneys may not be subjected to blanket suppressions. Truthful advertising related to lawful activities is entitled to the protection of the First Amendment. The State must assert a substantial interest and the interference with speech must be in proportion to the interest served. Central Hudson Gas. For commercial speech to come within the First Amendment, it at least must concern lawful activity and not be misleading. it must be determined whether the asserted governmental interest to be served by the restriction on commercial speech is substantial. If both inquires yield positive answers, it must then be decided whether the regulation directly advances the governmental interest asserted, and whether it is not more extensive than is necessary to serve that interest. Central Hudson Gas.
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