Database Name: Law of Lawyer Advertising
Database Identifier: LAWYERADS
Coverage
Current through the print supplement of October 2009; updated annually
Content Highlights:
This treatise covers in depth the current "hot areas" of lawyer advertising including: submission requirements, use of testimonials and actors, provability requirements, court views on advertisement "dignity", approval requirements, content regulation, competing models of regulation, accident and disaster solicitation ("ambulance chasing") regulations, and societal considerations for regulation. It covers every United States Supreme Court decision on the subject of lawyer advertising as well as the rules and regulations pertaining to lawyer advertising in every state.
New features and recent developments
| Internet "performance-based" or "pay per click" advertising: One of the new frontiers in lawyer advertising is "performance-based" or "pay per click" advertising. Internet advertising is built on the curiosity of the users, who seek out certain information through a "search" that they devise themselves, by creating key words or phrases and typing them into an Internet search engine, such as Google. The usual and reasonable fee charged by the industry for Internet advertising has become a calculation based on the number of users who click on an ad, or the number of users who click on an ad and actually send in contact information, showing at least some interest in the product or service advertised. In Public Citizen, Inc. v. Louisiana Attorney Disciplinary Board, the United States District Court for the Eastern District of Louisiana struck down provisions of Louisiana's new proposed rules governing lawyer advertising dealing with computer-accessed communications. The plaintiffs argued that this requirement was "incompatible with a form of online advertising known as 'pay-per-click' ads." The legality of such advertising is fully explored along with other pertinent authorities in new s7:24.50. |
| New Maine Rules: Maine's new Rules of Professional Conduct became effective on August 1, 2009. Those pertinent to lawyer advertising can be found at s8:21. |
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Contents
Content Type(s): Treatise
This database contains Law of Lawyer Advertising, a two volume treatise that covers in depth the current "hot areas" of lawyer advertising including: submission requirements, use of testimonials and actors, provability requirements, court views on advertisement "dignity", approval requirements, content regulation, competing models of regulation, accident and disaster solicitation ("ambulance chasing") regulations, and societal considerations for regulation. It covers every United States Supreme Court decision on the subject of lawyer advertising as well as the rules and regulations pertaining to lawyer advertising in every state. A document is a numbered section of text, index, or other subdivision of the publication.
Author: Rodney Smolla is Dean and George E. Allen Professor of Law at Washington and Lee University School of Law. He is widely known for his scholarship on constitutional law. Prior to his current post, Dean Smolla was at the College of William and Mary School of Law, where he occupied the Arthur B. Hanson Professorship of Law and was Director of the Institute of Bill of Rights Law. He has also been a visiting professor at the University of Denver, University of Indiana, and Duke University law schools. He began his legal career as a law clerk to Judge Charles Clark on the United States Court of Appeals for the Fifth Circuit. Dean Smolla was awarded a J.D., first in his class, Order of the Coif, at Duke University School of Law in 1978, and also received the American Jurisprudence Awards in Torts and Constitutional Law. In 1975 received his B.A. degree in American studies, cum laude, from Yale University. Dean Smolla writes and speaks extensively on constitutional law issues, and is also active in litigation matters involving constitutional law. His writing has been nationally recognized with awards including the William O. Douglas Prize for Most Distinguished Monograph in Freedom of Expression (1992), and the American Bar Association Silver Gavel Award Certificate of Merit. He was the Director of the Annenberg Washington Program Libel Reform Project and author of the Annenberg Libel Reform Report. He served as an American Bar Association Delegate to the Uniform Commission on State Laws Drafting Committee, and on the First Amendment Advisory Board to the Media Institute. In 2002 Dean Smolla received an Outstanding Faculty Award from the State Council of Higher Education for Virginia.
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Related Research
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FREESPEECH - Smolla and Nimmer on Freedom of Speech
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