Lawyers File Lawsuit Over Live Radio Reads in Utah

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This is one managers may want to keep a close eye on, depending on state laws and rules on what lawyers can do to promote their law firms. It also points out, once again, about the power of radio. The Utah firm of Driggs, Bills & Day has filed a federal lawsuit against their own regulators — the Utah State Bar. According to The Salt Lake Tribune, The Bar has been investigating the law firm for their live radio reads.

The question is whether the ads violate judicial rules over whether they can advertise for clients. The lawyers claim the ads are protected by free speech.

The newspaper reports that Bar officials have been investigating whether the attorneys have violated rules by featuring “celebrity endorsements” from on-air radio hosts. The law firm says the live ads are protected speech and claim in their suit that the threat of a disciplinary action from the Bar “chills” the firm’s speech by “causing them to hold back updated live ads.” The lawsuit asks a federal judge to ban the Bar from disciplining the law firm for its radio ads by finding their rules violates lawyers’ First Amendment rights.

A portion of the lawsuit reads: “Advertising plays a critical role in informing the public of available options when selecting an attorney, and what the differences are in legal representation, better equipping the public to make an informed decision.” And the law firm states: “A significant amount of their business comes from advertising, particularly through live radio ads.”

The Bar has indicated to the firm that it intends to bring disciplinary action against the firm for using “celebrity endorsements.”

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