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23 Ga. L. Rev. 545 (1988-1989)
Shapero v. Kentucky Bar Association: First Amendment Protection for Targeted Advertisements by Attorneys

handle is hein.journals/geolr23 and id is 559 raw text is: CASE COMMENTS
SHAPERO V. KENTUCKY BAR
ASSOCIATION: FIRST AMENDMENT
PROTECTION FOR TARGETED
ADVERTISEMENTS BY ATTORNEYS
Richard Shapero, a member of the Kentucky Bar Association,
applied to the state's Attorney's Advertising Commission' for ap-
proval to mail letters soliciting as clients individuals facing foreclo-
sure suits.2 The Commission found the text of the letter to be
neither false nor misleading, but disapproved Shapero's request
because solicitation of clients by means of targeted mass mailing
conflicted with a Kentucky Supreme Court Rule. Specifically, that
rule prohibited the mailing of written advertisements precipitated
by a specific event... involving or relating to the addressee... as
distinct from the general public.3 Despite its decision, the Coin-
' The Commission is charged with overseeing attorney advertising as proscribed by the
Rules of the Kentucky Supreme Court. Ky. Sup. CT. P. 3.135(3) (1988).
2 The letter read as follows:
It has come to my attention that your home is being foreclosed on. If this is
true, you may be about to lose your home. Federal law may allow you to keep
your home by ORDERING your creditor to STOP and give you more time to
pay them [sic].
You may call my office anytime from 8:30 a.m. to 5:00 p.m. for FREE infor-
mation on how you can keep your home.
Call NOW, don't wait. It may surprise you what I may be able to do for you.
Just call and tell me you got this letter. Remember it is FREE, there is NO
charge for calling.
Shapero v. Kentucky Bar Ass'n, 108 S. Ct. 1916, 1919 (1988).
1 Shapero v. Kentucky Bar Ass'n, 726 S.W.2d 299, 300 (Ky. 1987). Ky. SUP. CT. R.
3.135(5)(b)(i) (1988) provided in full:
A written advertisement may be sent or delivered to an individual addressee
only if that addressee is one of a class of persons, other than a family, to whom
it is also sent or delivered at or about the same time, and only if it is not
prompted or precipitated by a specific event or occurrence involving or relating
to the addressee or addressees as distinct from the general public.

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