ABOTA Addresses Concerns With Attorney Advertising

Mar 17, 2010, 16:03 ET from American Board of Trial Advocates

'Principles of Good Practice in Attorney Advertising' serves as a model for state bar associations

DALLAS, March 17 /PRNewswire-USNewswire/ -- What began as a group of ABOTA's National Board members gathered in a committee room to discuss issues, ethics and obstacles related to attorney advertising has resulted in a statement for the profession to use throughout the country.

The ABOTA Attorney Advertising Committee studied the issue of attorney advertising and related issues. As a result, the Principles of Good Practice in Attorney Advertising were drafted in an attempt to balance the public's right to be informed with truthful, ethical and professional practices by attorneys and law firms.

"ABOTA recognizes attorneys' and the public's right to advertise and believes that minimum standards and guidelines will encourage attorneys' adherence to those standards," said Craig Lewis, ABOTA National President.

The Committee began drafting the Principles and went through several versions for more than 18 months. The Committee, co-chaired by A. Russell Blank of the Georgia Chapter, analyzed the advertising rules with the overall objective of creating a template for consideration by the various state bars.

Blank said the Attorney Advertising Committee meeting discussed the Supreme Court's decision in Central Hudson Gas & Electric Corp. v. Public Service Commission of N.Y., 447 U.S. 557 (1980), which set forth the three-pronged test of whether an advertising restriction is sustainable: (1) Is there a substantial state interest to be achieved by the restriction; (2) Does the restriction materially advance the state's interest; and (3) Is the restriction narrowly drawn.

He added the case, Alexander v. Cahill, 2007 WL 2120024 (N.D.N.Y.) was discussed as to what role, if any, ABOTA can and should play in the development of rules that would have widespread distribution.

The Principles were adopted by ABOTA's National Board of Directors on Oct. 3, 2009. Click on the following link to download a PDF version of the Principles of Good Practice in Attorney Advertising.

ABOUT ABOTA: ABOTA is a national association of experienced trial lawyers and judges who are dedicated to the preservation and promotion of the civil jury trial right provided by the 7th Amendment to the U.S. Constitution. ABOTA membership consists of more than 6,400 lawyers and judges spread among 94 Chapters in all 50 States and the District of Columbia.

For more information contact:

Brian Tyson at (800) 932-2682


SOURCE American Board of Trial Advocates