Shapero v. Kentucky Bar Association and Targeted, Direct-Mail Solicitation by Lawyers: How Can States rotect Their Residents from Overreaching and Deceptive Solicitation?

Authors

Paul C. Drecksel

Abstract

In case after case before the United States Supreme Court, traditional limitations on lawyer advertising and solicitation are rapidly losing ground. In Shapero v. Kentucky Bar Association, the Court held that Rule 7.3 of the Model Rules of Professional Conduct ("Model Rule 7.3") is unconstitutional to the extent it prohibits nondeceptive, targeted, direct-mail solicitation by lawyers. In so holding, the Court once again expanded the constitutional protection afforded lawyer advertising and solicitation. Although the Shapero decision had its foundation in legitimate first amendment concerns, it raises equally significant concerns for states interested in protecting their residents from deceptive and overreaching lawyer solicitation. After Shapero, it is unclear how states may address these concerns.

Recommended Citation

Drecksel, Paul C. (1989) "Shapero v. Kentucky Bar Association and Targeted, Direct-Mail Solicitation by Lawyers: How Can States rotect Their Residents from Overreaching and Deceptive Solicitation?," Utah Law Review: Vol. 1989: No. 2, Article 5.
Available at: https://dc.law.utah.edu/ulr/vol1989/iss2/5