SmartBrief
Confirm favorite deletion?
Learning Professional Responsibility Keyed to Christensen, 2nd 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, both 1972 graduates of Arizona State University College of Law, opened a “legal clinic” in Phoenix in 1974 after working with the Maricopa County Legal Aid Society. Their practice aimed to provide legal services at modest fees to persons of moderate income who did not qualify for governmental legal aid. To keep costs down, they limited their practice to routine matters, used 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 plus $20 filing fee), uncontested bankruptcies, and name changes. This advertisement violated Arizona’s Disciplinary Rule 2-101(B), which prohibited attorneys from advertising through newspapers or other media. The State Bar initiated disciplinary proceedings, resulting in a recommendation of censure by the Arizona Supreme Court, which rejected both their Sherman Act and First Amendment challenges.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.