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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