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Problems in Legal Ethics Keyed to Schwartz, 14th Ed.
Florida Bar v. Went For It, Inc.
Citation:
515 U.S. 618, 115 S. Ct. 2371, 132 L. Ed. 2D 541 (1995)Facts
In 1989, the Florida Bar completed a two-year study on the effects of lawyer advertising on public opinion. Based on this study, which included hearings, surveys, and public commentary, the Florida Supreme Court adopted amendments to the Bar’s advertising rules in 1990. Two of these amendments created a 30-day blackout period after accidents during which lawyers could not directly or indirectly target accident victims or their relatives with solicitations. In March 1992, G. Stewart McHenry and his lawyer referral service, Went For It, Inc., filed an action challenging these rules as violating the First and Fourteenth Amendments. McHenry alleged that he routinely sent targeted solicitations to accident victims within 30 days after accidents and wished to continue doing so. The Bar’s study included both statistical and anecdotal evidence showing that Floridians viewed direct-mail solicitations in the immediate aftermath of accidents negatively, with many finding them intrusive, annoying, and an invasion of privacy. The study also indicated that such solicitations lowered the public’s regard for the legal profession.
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