Attorney Advertising and Competition at the Bar

Generally, advertising tends to lower prices and stimulate competition. This unexceptional statement becomes controversial, however,when applied to the legal profession. Indeed, only the newest members of the bar cannot recall the time when both professional and legal strictures precluded attorneys from advertising. Attorney advertising has been, and probably remains, a controversial subject.

This Article analyzes attorney advertising and the regulations that police it. The Article begins by discussing the legal history of restraints on advertising.The Article then presents an economic analysis of the effects of attorney advertising. Finally, the Article examines the empirical evidence measuring the impact of attorney advertising on both the price and quality of legal services. Based on this discussion, this Article recommends further liberalization of restrictions constraining professional advertising.