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1 Disciplinary L. & Proc. Advance Sheets 1 (1977-1978)

handle is hein.journals/dislwpr1 and id is 1 raw text is: Vo lm 1 um e 1 S p e b r Oc o e 1 7 Case Summaries ADVERTISING ANTITRUST FIRST AMENDMENT ADVERTISING BAR ASSOCIATIONS CIVIL RIGHTS ACTIONS LEGAL DIRECTORY Two Arizona attorneys established a legal clinic and advertised the availability and price of the legal clinic's services in a news- paper. Disciplinary proceedings were brought against the attorneys and upon review the impo- sition of a public censure for such conduct was ordered by the Arizona Supreme Court. The attorneys appealed that order to the U.S. Sup- reme Court and sought reversal of that order as violative of the First Amendment and as being indefensible under the Sherman Act. The U.S. Supreme Court held that lawyer advertising as commercial speech is entitled to some First Amendment protection and that the restraint upon attorney advertising im- posed by the Arizona Supreme Court wielding the power of the State over the practice of law is not subject to attack under the Sher- man Act. Bates, et al. v. State Bar of Arizona, 433 U.S. , 97 S.Ct. 2691, 53 L.Ed.2d 810 (1977). A nonprofit consumer organization circu- lated a questionnaire to attorneys seeking in- formation to be included in a directory of attorneys that the consumer organization intend- ed to publish. When attorneys were found un- willing to provide the information requested due to concerns about possible violations of ethical rules, the consumer organization brought suit to enjoin the enforcement of such ethical rules as being overbroad and unconsti- tutionally restricting the First Amendment rights of the consumer organization to receive and gather information relevant to the consump- tion of legal services. Published bimonthly by the Standing Committee on Professional Discipline and the Center for Professional Discipline of the American Bar Association. Address correspondence to Disciplinary Law and Procedure Advance Sheets, Center for Professional Discipline, American Bar Association, 1155 East 60th Street, Chicago, Illinois 60637. Volume 1, Number I September-October, 1977 Copyright C 1977, American Bar Association Editors: James H. Bradner, Jr. and Herbert M. Rosenthal

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