Alabama Supreme Court Updates Ethical Rules on Lawyer Advertising

The Alabama Supreme Court has implemented new ethical guidelines aimed at regulating lawyer advertising to prevent deceptive practices and safeguard the public.

“These updated rules achieve two main objectives,” noted Presiding Judge Sarah Stewart. “They ensure our standards remain relevant amid ongoing social and technological shifts. Additionally, they enhance public protection against misleading advertisements.”

A statement from the court indicated that Alabama attorneys are encouraged to reassess and modify advertising guidelines in light of public feedback.

Judge Jay Mitchell acted as the liaison between the court and the Alabama bar, making sure the process aligned with the court’s directives.

“These rules are the outcome of years of collaboration between the Supreme Court and state law,” Mitchell remarked. “The clarity they provide will benefit both the legal industry and the community.”

In response to the Supreme Court’s request, a public investigation by the Alabama State Prison looked into particular issues related to lawyer advertising. Findings showed that a significant majority of Alabamians believe attorneys featured in advertisements should be licensed to practice in the state.

Residents want assurance that the lawyers in ads have law firms in the area, manage their own cases, and that the advertised verdict amounts were indeed achieved.

The committee, led by the Alabama Bar, crafted new rules to address these issues while adhering to the constitutional boundaries set by the U.S. Supreme Court.

In this context, Michal Upchurch, co-chair of the drafting committee, explained, “Our aim was to create a reasonable, practical, and constitutionally valid rule. However, it’s essential to recognize that the U.S. Supreme Court has determined that as long as an advertisement is not false or misleading, it is protected under an initial revision.”

Judge Stewart emphasized the need for transparency and accountability within the legal system to the public.

“It is crucial for the Supreme Court that the regulations governing our state’s attorneys prioritize public protection as much as possible within constitutional limits,” she stated. “We firmly believe that Alabamians deserve transparency and accountability from both lawyers and judicial practices. Keeping the public’s trust in our judicial system is what drives our daily decisions.”