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Problems in Legal Ethics Keyed to Schwartz, 14th Ed.
Bates v. State Bar of Arizona
Citation:
433 U.S. 350, 97 S. Ct. 2691, 53 L. Ed. 2D 810 (1977)Facts
John Bates and Van O’Steen were attorneys who graduated from Arizona State University College of Law in 1972. After working for the Maricopa County Legal Aid Society, they opened a legal clinic in Phoenix in 1974, aiming to provide legal services at modest fees to people of moderate income who did not qualify for legal aid. They kept costs down by handling only routine matters, using paralegals, automatic typewriting equipment, and standardized forms. After two years, they concluded their practice could not survive without advertising their services and fees. On February 22, 1976, they placed an advertisement in the Arizona Republic newspaper stating they offered “legal services at very reasonable fees” and listing specific prices for services such as uncontested divorces ($175), simple adoptions ($225), and personal bankruptcies ($250). This advertisement violated Arizona’s Disciplinary Rule 2-101(B), which prohibited attorneys from advertising in newspapers or other media. The attorneys challenged the rule on both Sherman Act and First Amendment grounds.
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