LAW 680 Lecture Notes - Lecture 2: Legal Advertising, Professional Responsibility
9 Jun 2020
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Document Summary
Constitutional law: 6th amend guarantee of effective counsel. If criminal defense atty does not meet this then. Constitutional violation: 5th, 6th amend obligations of prosecutor, 1st amend limits on lawyer advertising imposes limits on regulation of the profession, sc has held that atty-advertising is protected speech under. 1st amend except when false or misleading: cannot prohibit advertising of atty services, but ethics code can still regulate atty advertising, 1st amend restrictions on lawyer speech, does limit ability to comment on judges, criticize, 5. Other law relevant to practice area: family law atty should be familiar with kidnap statutes as applied in child custody statutes, security lawyers need to conform conduct to sec, laws specifically regulating the conduct of lawyers, 1. Considerations that are not mandatory and only aspirational: only few states have codes that are still modeled after 1969. It is black letter rules followed by comments: comments are intended to be guides for interpretation of rules.
