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ATTORNEY DIRECT-MAIL SOLICITATION REVISITED IN Florida Bar v. Went For It,
Inc.: A STEP TOO FAR

Israel Dahan

4 J.L. & Pol'y 611 (1996)

In June, 1995, the Supreme Court upheld a Florida Bar rule which prohibits attorneys from sending targeted direct-mail solicitation to accident victims within thirty days of the accident. In the first case limiting the rights of attorney advertising in nearly two decades, the Court found that Florida has a substantial interest in protecting the privacy of personal injury victims against intrusive, unsolicited contact by lawyers. This Comment reviews the history of the First Amendment's impact on attorney advertising, the factual background and opinions in Florida Bar, and the legal and socio-economic impact of the decision on advertising attorneys and public access to legal services.

This Comment suggests that the Court's ruling creates several problems and the Florida Bar rule should have been held an unconstitutional violation of free speech. The rule will disproportionately affect small firms and solo practitioners who cannot afford to advertise by means other than direct-mail. The ban on certain direct-mail advertisements will also have a negative impact on the general public, as direct-mail advertisements help low-income persons become aware of legal issues and gain access to the legal system, and decrease the cost of legal services. Finally, based on precedent, the law should have been stricken because it is premised on the vulnerable audience theory and promotes under-inclusive and over-inclusive state regulation.