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Constitutional Law Keyed to Choper
Zauderer v. Office of Disciplinary Counsel
Citation:
471 U.S. 626 (1985)Facts
Philip Zauderer, an attorney in Columbus, Ohio, sought to expand his practice through newspaper advertising. His first advertisement stated that his firm would represent defendants in drunk driving cases and that the “[f]ull legal fee [would be] refunded if [they were] convicted of DRUNK DRIVING.” After being informed this might violate rules against contingent fees in criminal cases, he withdrew the ad.
Later, Zauderer placed an advertisement in 36 Ohio newspapers regarding the Dalkon Shield intrauterine device. The ad featured a line drawing of the device and advised women who had used it that they should not assume it was too late to take legal action against the manufacturer. It stated that cases were handled on a contingent-fee basis, with no legal fees owed if there was no recovery. The ad attracted over 200 inquiries and led to 106 lawsuits.
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