Legal marketing has been allowed in England and Wales since 1986, when the Law Society of England and Wales first permitted lawyers to advertise. The Financial Services Authority (FSA) now licenses helplines and claims management agencies, with the exception of unions, which usually announce and refer claims to lawyers. However, there are regulations that restrict what advertisers can and cannot do. In 1977, the Supreme Court held that the First Amendment protected law firm advertising as constitutional speech in Bates v.
the Arizona State Bar Association. The advertisement in question was quiet and decent, making it hard to imagine that it would ever be the subject of serious litigation. The Code of Conduct for solicitors in England and Wales also contains restrictions on advertising. It states that a request for work or advertising should not involve the creation of a website by a lawyer or law firm that contains only basic information about the names and number of lawyers in a law firm, contact details and areas of activity.
In the United States, lawyers have the constitutional right to promote their services. This is not the case in England and Wales, where advertising is subject to certain restrictions. It is important for lawyers to be aware of these restrictions when advertising their services.
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