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Professional Responsibility Keyed to Gillers
Zauderer v. Office of Disciplinary Counsel
Citation:
471 U.S. 626 (1985)Facts
Philip Zauderer, an Ohio attorney, ran a newspaper advertisement specifically targeting women who had used the Dalkon Shield intrauterine device, stating that cases would be handled on a contingent fee basis with “no legal fees” if there was no recovery. The Office of Disciplinary Counsel of the Supreme Court of Ohio charged Zauderer with violating several disciplinary rules, including those prohibiting self-recommendation, accepting employment from unsolicited legal advice, using illustrations in advertisements, and failing to disclose potential client liability for costs even if the lawsuit was unsuccessful. The Ohio Supreme Court found Zauderer in violation and issued a public reprimand. Zauderer appealed, arguing that Ohio’s restrictions on his advertising violated his First Amendment rights to commercial speech.
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