About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1976 NSBA Newsl. 1 (1976)

handle is hein.barjournals/neblwr1976 and id is 1 raw text is: nsba r newsletter nebraska state bar association /1019 sharp building/lincoln nebraska 68508/402-q75-7091 January 1976 76-1 YOUR PRESIDENT NOTES by NSBA Preident At Elick One of the most provocative issues facing lawyers today is the extent to which the Code of Professional Respon- sibility should be amended to permit ''advertising. The background of the move- ment to liberalize the Code is familiar to all of us. In the now famous Goldfarb case the US Supreme Court held that a minimum fee schedule, which is enforced by the Bar, is an unreason- able restraint of trade in violation of section 1 of the Sherman Act. Signifi- cantly, the Court said that there is no learned pro- fession exemption from that section. The question of whether advertising re- strictions on the legal profession are an unreason- able restraint of trade was left unanswered, but the omens are not encouraging. Lawsuits now pending in Virginia and New York pre- sent sweeping attacks upon all Code advertising limit- ations under both the First Amendment and section 1 of the Sherman Act. The con- stitutional and antitrust problems posed by these cases must be taken serious- ly. But aside from the (continued on p. 10) ABA COMMITTEE PROPOSES MODIFICATIONS OF BAN ON LAWYER ADVERTISING Elimination of the ban on lawyer advertising as a means to improve delivery of legal services to the public is reflected in a tentative draft written by the ABA Standing Committee on Ethics and Professional Responsibility and released Dec. 6. The proposed amend- ments would remove all re- strictions against adver- tising, except any public communication containjng a false, fraudulent, mislead- ing, deceptive or unfair statement or claim. The amendments would not affect the Code's prohibitions against lawyers soliciting business on a one-to-one basis. The Ethics Committee held two public hearings on the subject prior to making its recommendations. It is now seeking further comments from the bar and the public and will make a further evaluation before submitting a formal proposal to the ABA House of Delegates in Feb- ruary at the Mid Year Meeting. Under the suggested changes, lawyers would be allowed to state that they limit their practice to a particular area or field of law, or that they concentrate their practice in one or more areas. Also, lawyers who are Certified Public Ac- countants could publicly identify themselvcs as such and could practice law and accounting in the same office. The committee defined a false, fraudulent, mislead- ing, deceptive or unfair statement or claim as one including a statement or claim which: (1) contains a misrepresentation of fact. (2) makes only a partial disclosure. (3) contains a client's laudatory comments about a lawyer. (4) Creates false or unjustified expec- tations. (5) Implies unusual legal ability, except as al- ready permitted. (6) States legal fees, other than a standard consultation fee or average fees for specific types of services, without fully disclosing all variables and other relevant factors. (7) implies the ability to influence improperly a judge or administrative tribunal. (8) Is likely to result in legal action taken or asser- ted merely to harass or mal- iciously injure another. (9) Is intended to appeal primarily to a lay person's fears, greed or desires for revenge. (10) Contains representations that will cause a reasonable person to be deceived. The issue of advertising will be discussed at the NSBA Mid-Year Meeting in Grand Island April 9. See related stories, pp. I & 2.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most