Historical Newspapers of South Carolina

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Legalserv By DON FOBES Asst. News Editor Lawyers may advertise, according to a U.S. Supreme Court decision last year (Bates-Osteen v. Arizona), but one is not likely to hear, "Win your case in court, let attorney Jones handle your tort." In a discussion at USC's Law Auditorium last night, William L. Pope, president of the S.C. Bar Association, said the Bates-Osteen decision was not a definitive decision, it "merely permitted no blanket prohibition against advertising." ,41 don't know where this (BatesOsteen) leaves us." PoDe said. "I do know we haven't heard the last of the Supreme Court. South Carolina and Ohio are now involved in cases of in-house (direct) solicitation, and this will add more fuel to the advertising fires." Pope said he thinks there is a definite need for better communication with the public, if the more than 2,000 referrals by legal aid societies in South Carolina last year is any indication. "All this (referrals) indicates we are not getting the word across," Pope said. "The large number of referrals come from people who don't know where to go for legal assistance." MAKK BUYCK, a former U.S. District Attorney in South Carolina, agreed with Pope's concern for better communication between the bar and the public, and he cited a recent Harris poll which showed lawyers ranked very low in public trust. Buyck said, "to delay im plementation (legal advertising) would be unfair, as the public's right to know was outlined ir Be a honey. Buy a basket for your urnoi russell house 2 m WW4* I ice ads Althoi .'* V " . ." ' .. . ' ' .V ' "6 /-: '* ?>&'&&>.' * ' "" Bates-Osteen. There is a sentiment in the bar that more sweeping changes are coming. We don't think that Bates is limited. Bates will escalate public awareness.' Pope said the U.S. Supreme Court's decision has left the question of lawyer advertising guidelines up to individual states and their supreme courts. He said fhe effect of Bates-Osteen is to leave problems in advertising "up to state action. It is strictly a n.atter of First Amendment rights of freedom of speech." WITHIN the last year, both Pope and Ruyck headed task forces involving the S.C. Bar Association and (he American Bar Association created to study and make recommendations on the ethical boundaries of legal advertising. Their recommendations are , summarized in a work entitled, "The S.C. Bar Report of the Subcommittee on Professional , Standards to the Professional Responsibility Committee." i Several legal groups in Easter Bunny at the 1 on nd floor lobby' i^?TTT)E 11 ipfffil M iT: 1 a. igh lawyers now can c Almoo Cr?nb..TUC nAUCmri^ South Carolina had input into the final bar report, but Pope said final jurisdiction rests with the state supreme court. The subcommittee report will be submitted to "the board of governors and circulated among the membership of the bar in order that the issue of ratification may be addressed at (he mid-winter meeting," he said. Under present advertising law, lawyers may specify their name and or (heir firm's name, may list (heir business address, telephone number, office hours and routine legal services offered, and may list (heir fees for routine legal services and initial consultation fees. False, deceptive or misleading advertising, offering non-routine ln<tol < ?... icgui sci vitca, null" vCI 11 IdUle I MEL I Greatest I I "HIG (on i MELBRQj IissMooa <c> 19 78 Twentieth Century-Fox Film Co rid I Dutch Square? tdvertise drastic change uni claims and laudatory statements or self-aggrandizement and illegal services are prohibited. The size of fee announcements is also ilntnJ 1 (I, 4 _ I ICgUldlCU dliu IIICJ/ Ul C IU UC IIU bigger than necessary. Ht'YCK SA1I) these rules apply to newspapers of general circulation, and that no direct solicitation is allowed. Broadcast advertising is also permitted under the new guidelines, but under slightly more stringent rules. Pope said as a rule, lawyers are "very conservative" and are not likely to overstep the boundaries of the Bates-Osteen decision, but if they do, letters of caution are sent to the lawyers from their respective bar associations. Good vibi golden lis WUSC-t It 's fo . BROC flits includes m H ANXII sale March 17OKSiX mi $5! Hi $6' igTawJ rporation .UIUI > Columbia Mall likely, speaker says Touching on the legal profession's past bias aaainst personal advertising, Pope said the view has been that "the practice of law is a profession not a business. It was felt to be degrading to advertise." Our adversary system in the U.S. originated in the old English Inns of Court, according to Pope. "They (English lawyers) frowned on taking money," he said. "They considered their work a public service." Radical, immediate changes in legal advertising are not predicted by Pope, who concluded that the Bates-Osteen decision "foresees close regulation of advertising, whether by bar associations or the court." ation and tenihg on <M 91.9 r you FIV9 usic from ETY" 23) "lp "tape qD EI3T I Woodhill Mall | I IWIHII r-r 'UMM.