attorney’s advertising

Gary E. Peel practices law in Edwardsville, Illinois. He was licensed to practice in Illinois in 1968, in Arizona in 1979, and in Missouri in 1981. Peel has served as president of the Madison County Bar Association and has been active in both national and state bar association work. He has tried to verdict over 100 jury trials and over 300 nonjury trials. NBTA issued Peel a Certificate in Civil Trial Advocacy in 1981, renewed it in 1986, and listed him in its 1985 Directory of Certified Specialists and Board Members. Since 1983 petitioner's professional letterhead has contained a statement referring to his NBTA certification and to the three States in which he is licensed, appearing as Gary E. Peel, Certified Civil Trial Specialist By the National Board of Trial Advocacy, Licensed: Illinois, Missouri, Arizona. In 1987 the Administrator of the Attorney Registration and Disciplinary Commission of Illinois filed a complaint alleging that Peel, by use of this letterhead, was publicly holding himself out as a certified legal specialist in violation of Rule 2-105(a)(3) of the Illinois Code of Professional Responsibility. The complaint also alleged violations of Rule 2-101(b) and Rule 1-102(a)(1). After a hearing the Commission recommended censure for a violation of Rule 2-105(a)(3). The Illinois Supreme Court adopted the Commission's recommendation for censure in 1989. The United States Supreme Court granted certiorari, with argument held on January 17, 1990.

In 1989, the Florida Bar completed a two-year study of lawyer advertising that included hearings, commissioned surveys, and review of public commentary. The study determined that direct-mail campaigns targeting accident victims or their survivors caused the public to lose respect for the legal profession, with lawyers sending approximately 700,000 such solicitations annually in Florida, 40 percent of which went to accident victims or survivors. In late 1990, the Florida Supreme Court adopted amendments to the Rules Regulating the Florida Bar. Rule 4-7.4(b)(1) bars lawyers from sending written communications to prospective clients concerning personal injury or wrongful death actions unless the accident or disaster occurred more than 30 days earlier. Rule 4-7.8(a) prohibits lawyers from accepting referrals from services that engage in communications that would violate the rules if made by the lawyer. G. Stewart McHenry, a Florida Bar member, and his wholly owned referral service Went For It, Inc. filed this action in March 1992 in the United States District Court for the Middle District of Florida. They sought declaratory and injunctive relief, alleging that the rules violated their commercial speech rights. McHenry was disbarred for unrelated reasons in October 1992, after which John T. Blakely was substituted as plaintiff. The District Court referred the parties' summary judgment motions to a Magistrate Judge, who recommended upholding the rules on the basis of the Bar's study. The District Court rejected that recommendation and entered summary judgment for the plaintiffs. The Court of Appeals for the Eleventh Circuit affirmed. The Supreme Court granted certiorari. The Bar's evidentiary submission to the District Court consisted of a 106-page summary containing statistical data from a Magid Associates survey of Florida adults, excerpts from newspaper editorials with titles such as "Scavenger Lawyers," and pages of citizen complaints describing solicitations received days after accidents or funerals.