Lawyers have several sets of rules to consider when creating advertisements. The FTC regulates all advertising in every state; each state may have its own regulations governing advertising; and the attorney ethics rules of the state in which you are advertising will regulate lawyer advertising. A review of FTC rules can be seen at http://www.ftc.gov/bcp/guides/guides.htm. Most rules are just plain common sense and are meant to protect the public. Some state lawyer ethics rules go further. For instance, some rules are meant to protect the image of lawyers.
In the past, lawyer ethics rules have been more restrictive, however, they have been slowly eroded by both State and U.S. Supreme Court decisions. Because they have been losing ground, state regulating bodies have have become complacent. Consequently, lawyer advertising has continued to evolve and today there are many lawyers advertising without even thinking about ethics rules. It is at this point that the enforcement wave may return. Where the violation is minor, it is unlikely that any action will be taken, but when a lawyer advertisement contains a major ethical violation, authorities will have no choice but to...
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