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MARKETING BY LAWYERS IN THE UNITED STATES There is no standard definition of what constitutes legal advertising.There is no definition for it in Ballentine's Law Dictionary, nor at a search on nolo.com. It often includes Marketing and Public Relations . However, Barratry , also called '' Ambulance Chasing '', is clearly considered illegal and unethical. (This is the illegal solicitation of potential clients.) Likewise, the use of bloody accident scenes to advertise a law firm would be considered Shockvertising . ''Bates v. Arizona State Bar'' The birth of law firm marketing in the United States coincided with the 1977 Supreme Court decision in the case of ''Bates v. Arizona State Bar''. ''Bates v. Arizona State Bar'', 433 U.S. 350 (1977). The American Bar Association (A.B.A.) commemorated that case's 30th anniversary with a continuing edication conference about legal marketing.[http://www.lawdragon.com/images/uploads/pdf/aba_marketing_4107.pdf Press release about the ASBA conference. New York and Florida proposals New York and Florida Court System s 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:[http://betweenlawyers.corante.com/archives/legal_ethics_and_advertising/ The new rules for New York were effective on February 1, 2007. For the full rules, see: {Link without Title} . 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 {Link without Title} (requires Acrobat-TM reader). The new rule specifically exempts communications to existing clients or other lawyers. Id. professional ratings". Id., at DR 2-101 (b) (1). There are certain special rules for email advertising, prohibiting Spam .Id., DR 2-101 (b). Now, advertising must not include a number of prohibited Marketing devices: # Certain Endorsement s or Testimonial s from a former client # Paid, undisclosed payment of testimonials # Portrayal of a Judge , or Fictitious lawyer or law firm # Use actors or fictionalized persons # Irrelevant characteristics of the lawyers # Ads that resemble Legal Documents # Use a nickname or moniker.DR 2-101 (c), found at {Link without Title} . The new rules may be challenged, so a wise law firm administrator, Paralegal , or Attorney will keep up to date on this topic. Also, not all states in the United States have the same rules, so a search should be made of that Jurisdiction's particular rules. Furthermore, an Internet search can not reveal the status of the proposed Florida rules as of April 18, 2007. LEGAL NOTICES Legal advertising can also, less commonly, refer to the Legal notices s, "deadbeat" parents, and potential Class Action Plaintiff s, the last of which categories overlaps with the first definition ("Marketing by lawyers"). LEGAL MARKETING INTERNATIONALLY In England legal marketing can be traced back to 1986 when the Law Society first permitted Lawyers to advertise. Professional Services Marketing Group web site From the 1990’s other continental European jurisdictions progressively opened way for advertising: the Spanish abogardo , the French avocat and the German Rechtsanwalt are among those able to freely use instruments of communication. In Italy , the Bersani Decree of July 2nd, which converted into law in January 2007 gives lawyers the right to advertise. Legal Marketing Italia Marketude web site People often confuse legal marketing with legal advertising. Advertising is only one of many tools a professional services organisation can utilise in its marketing strategy. See Kotler, Armstrong, Brown Adam & Chandler, (1998)''Marketing'' 4th edition, Pearson Education, Australia. REFERENCES EXTERNAL LINKS
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