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Professional Responsibility Keyed to Hazard
Shapero v. Kentucky Bar Association
Facts
Shapero (Plaintiff) wanted to circulate an advertisement and he applied to the Attorneys Advertising Commission of the Kentucky State Bar (Defendant) for approval. The advertisement would be mailed to those persons who, according to public records, were facing imminent foreclosure. The ad informed the recipients that forestalling foreclosure was possible and recommended that the addressee call Plaintiff’s office for a free consultation regarding their rights in this matter. Although the Commission (Defendant) did not find the advertisement false or misleading, Defendant found it to conflict with Kentucky Supreme Court Rule 3.135(5)(b)(I), which forbade direct mailing concerning a specific legal matter to persons believed to require assistance in that matter. The State Bar Ethics Committee, on appeal, agreed that the rule precluded the advertisement Plaintiff wanted to make but urged the Supreme Court of Kentucky to amend the rule. The Commission (Defendant) modified the rule, but not enough to legitimize Shapero’s (Plaintiff) letter. Plaintiff brought an action seeking to have the rule declared unconstitutional. The rule was upheld by the U.S. Court of Appeals, and the Supreme Court granted certeriori
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