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legal advertising : ウィキペディア英語版
legal advertising

Legal advertising is advertising by lawyers (attorneys at law) and law firms. Legal marketing is a broader term referring to advertising and other practices, such as client relations, Cross-selling,〔(【引用サイトリンク】url=http://www.legaltechnology.com/latest-news/marketing-monday-are-law-firms-getting-smarter-using-crm-infographic/ )public relations and maintaining contact with Alumni.
==United States==
(詳細はlegal ethics. Shock advertising, for example, would be considered unethical; directly soliciting clients (known as barratry, or "ambulance chasing") is illegal.
The first major case law decision on legal advertising is the Supreme Court ruling in ''Bates v. Arizona State Bar'' 433 U.S. 350 (1977).
The New York and Florida court systems proposed several restrictions on advertising in 2006 and 2007.〔Law.com article from June 15, 2006 New York Law Journal (N.Y.L.J.) article on NY proposals by John Caher:()〕 The N.Y. proposals, in particular, generated much controversy.〔(See, e.g., this blog for more information )〕 In 2005, New York State Bar Association President Vincent Buzard appointed a Task Force on Lawyer Advertising, chaired by Bernice K. Leber, to make proposals for consideration by NYSBA and the New York courts.〔Andrew Rush, ''U.S. District Court: Some advertising rules unconstitutional,'' ''State Bar News'', September/October 2007, p. 4.〕
The new rules for New York were effective on February 1, 2007.〔For the full rules, see: ().〕 For the first time, the New York Legal system defined legal advertising, as:
"any public or private communication made on or behalf of a lawyer or law firm about that lawyer or law firm's services, the primary purpose of which is for the retention of the lawyer or law firm."〔11 New York Code of Rules and Regulations (N.Y.C.R.R.) part 1200, section 1200.1 (k), found at () (requires Acrobat-TM reader).〕 The new rule specifically exempts communications to existing clients or other lawyers.〔Id.〕 Publicity is, for the first time, also included as a synonym of advertising.〔11 N.Y.C.R.R. part 1200, section 1200.6, also known as the Code of Professional Responsibility, Disciplinary Rule (DR) 2-101, found at: ()〕 The newly revised rules now allow advertising about a lawyer's publications and "bona fide professional ratings".〔Id., at DR 2-101 (b) (1).〕 There are certain special rules for email advertising, prohibiting spam.〔Id., DR 2-101 (b).〕
The 2007 rules stated that advertising must not include a number of prohibited marketing devices:
# Certain endorsements or testimonials from a former client
# Portrayal of judges
# Paid, undisclosed payment of testimonials
# Portrayal of a judge, or fictitious lawyer or law firm
# Use of actors or fictionalized persons
# Irrelevant characteristics of the lawyers
# Ads that resemble legal documents
# Certain limits on soliciting new clients for 30 days after a tort
# Certain other limits on communications with non-clients
# Use of a nickname or moniker.〔DR 2-101 (c), found at ().〕
The new New York rules were successfully challenged by the First Amendment lawyer Greg Beck of Washington, DC, representing Syracuse law firm Alexander and Catalano, in ''Alexander v. Cahill'', and Judge Frederick J. Scullin of the United States District Court for the Northern District of New York struck down five of the rules as unconstitutional infringement of the First Amendment.〔Andrew Rush, ''U.S. District Court: Some advertising rules unconstitutional,'' ''State Bar News'', September/October 2007, p. 4.〕 The endorsement, portrayals, "Irrelevant characteristics", and nicknames provisions were stricken; however, the domain name limitations, 30-day solicitation, and communications rules were upheld.〔Andrew Rush, ''U.S. District Court: Some advertising rules unconstitutional,'' ''State Bar News'', September/October 2007, p. 4.〕 State Bar President Kathryn Madigan promised to work with the court system to develop new rules that will survive constitutional strict scrutiny.〔(NYSBA Press Release )〕
The new Florida rules, and similar rules in Louisiana, have also been successfully challenged by attorney Greg Beck of Washington, DC.〔(Revere Legal article on August 17, 2011 written by Farukh P. Shroff )〕
A 2014 study of the clients of attorneys in the southwestern United States determined that among Mexican clients hiring Caucasian attorneys, approximately 100% based their lawyer hiring decision on amigo-related awards.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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