Abstract

On June 27, 1977, the Supreme Court issued a landmark decision regarding professional advertising in the case of Bates v. State Bar of Arizona. The controversy surrounding this subject was reflected by the closeness of the decision in which the Court held that state bar associations can not place blanket prohibitions on attorney advertising. The import of this ruling is accentuated by its implications for other professions in the near future.

The delivery of legal service, which has become a major concern for both attorneys and consumers, could be substantially altered as a result of the Bates case. Especially important is the concept of marketing professional services, which appears to have been introduced by the Court's decision. This new process not only affects the competitive structure in the legal profession, but also contains important implications for the consumer's choice process. In the legal profession alone, the few studies that have been conducted indicate that the public is not utilizing the legal profession adequately—either ignoring the risks involved in not obtaining legal services or choosing to avoid fees. In general, there has been a lack of information upon which to select legal counsel. These problems of ignorance and noncommunication between the supplier and consumer of legal and other professional services could be alleviated by a new consumer awareness facilitated by the Bates decision.

The major purpose of this Article is to review the Bates decision, noting the legal reasoning pursued by the Court, precedents relied upon, and conclusions reached. In addition, the problems involved in the decision and its likely implications will be discussed. Finally, this Article will present the results from a national survey of lawyers regarding their opinions on the use of advertising by the legal profession. This data will be analyzed in an attempt to predict the future behavior of attorneys regarding this recently authorized competitive strategy. First, however, the development of professional advertising proscriptions, dating back to fourteenth century England, will be considered.

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