The world of lawyer advertising is a spectacle, from dirt bike stunts to quirky antics designed to grab your attention. Once banned, legal marketing transformed dramatically in the 1970s, allowing creative freedom that didn't exist fifty years ago. The journey from strict advertising rules to today's bold ads mirrors a struggle for consumer rights. Hear about legal battles, including a pivotal Supreme Court case that reshaped the notion of commercial speech and set the stage for lawyers to market themselves freely.
The transformation of lawyer advertising since the 1970s emerged from a landmark Supreme Court ruling that equated advertising with First Amendment rights.
The shift towards advertising has democratized access to legal services, encouraging competitive and creative marketing strategies among law firms.
Deep dives
The Evolution of Lawyer Advertising
Lawyer advertising has undergone a radical transformation since the 1970s when it was largely prohibited. Initially, it was deemed unprofessional and unethical for lawyers to promote their services, leading to a reliance on referrals and walk-ins. The advent of two Arizona lawyers, John Bates and Van Osteen, marked the beginning of change as they risked disbarment by placing an ad in a newspaper to attract clients for their low-cost legal services. Their bold move ultimately initiated a legal battle that challenged the restrictive advertising rules, paving the way for lawyers to market their practices.
The Supreme Court Case That Changed Everything
The significant shift in lawyer advertising began with Bates and Osteen's appeal against the Arizona State Bar's ban in the early 1970s. Their argument was bolstered by a new legal theory proposed by lawyer Alan Morrison, which asserted that advertising is protected by the First Amendment as a form of free speech. This case went all the way to the Supreme Court, where the justices ruled in favor of allowing lawyer ads, equating them with consumer rights to access information. This landmark decision not only transformed legal marketing but set a precedent for all forms of commercial speech.
Impact of Advertising on Legal Services
The allowance of advertising for lawyers has resulted in increased accessibility and affordability of legal services for the general public. With the competitive nature of the market, firms began to offer specialized, low-cost options for common legal issues, such as divorces and bankruptcies. The ability to advertise has led to a proliferation of colorful and creative marketing campaigns, with lawyers employing humor and unique themes to attract clients. This change has created a landscape where being a skilled lawyer is not only about legal expertise but also about one's ability to effectively market and sell their services.
The lawyer commercial is almost an art form unto itself. Learned practitioners of the law doing whatever it takes to get your attention, from impressive dirt bike stunts to running around half naked. All so when you land in trouble, you don't have to think hard to remember their name. Odds are you can name one or two right now.
This world of law ads did not exist fifty years ago. Then, lawyers were not allowed to advertise. Not by law, by the exclusive organization that decides who gets to be a lawyer: state bars.
On today's episode, how that changed. How a couple of lawyers placing an ad in a local newspaper led to the inescapable world of law firm ads we know today. And, how the right to advertise got put on the same level as some of the most important, fundamental rights we have.
This episode was hosted by Nick Fountain and Jeff Guo. It was produced by Sam Yellowhorse Kesler with help from Sean Saldana. It was edited by Jess Jiang. It was fact-checked by Sierra Juarez and engineered by Valentina Rodríguez Sánchez. Alex Goldmark is Planet Money's executive producer.