Miner & Lemon Blog

Lawyer Advertising - The Debate Continues

            A complete ban on lawyer advertising was lifted in 1977 by the U.S. Supreme Court.  Since that time states, including Indiana, have added layers of restrictions on such advertising under the First Amendment’s commercial speech doctrine.

            Because personal injury attorneys have traditionally done their share of advertising most of the restrictions have been directed at them.  Rules are already in place that governs the method and content of attorney advertising.  Now the Board of Governor’s of the Indiana State Bar Association wants to limit when the advertising can begin.

            The Indiana State Bar Association is promoting a 30-day waiting period that would not allow a lawyer to advertise directly to a person or their family within a month of any accident or disaster for a personal injury or wrongful death action.  Read more.   It is interesting that Indiana trial attorneys who handle all kinds of injury claims are divided on the issue.  Some favor the ban, citing the possibility of undue influence, intimidation, and overreaching.  Others oppose it, believing that it will simply give unscrupulous insurance companies and adjustors a 30-day head start in orchestrating what may turn out to be an unfair settlement for the injured victim.

 Read more at:    
 http://www.theindianalawyer.com/html/detail_page_Full.asp?content=2604