In a move aimed at protecting the public and restoring trust in the legal system, the Supreme Court of Alabama has adopted new ethical rules to regulate lawyer advertising across the state.
Chief Justice Sarah Stewart said the new standards serve a dual purpose: “Our new rules accomplish two important things. First, they bring our rules up to date in terms of social and technological changes. Second, they substantially improve the public’s protection from false and misleading advertising.”
The reforms stem from mounting public concern over deceptive advertising practices. In response, the Court asked the Alabama State Bar to review and update its existing regulations. Associate Justice Jay Mitchell, who served as the liaison between the Court and the Bar, emphasized the collaborative nature of the process: “These rules are the product of a years-long collaboration between the Supreme Court and the State Bar. The clarity they bring will benefit both the legal profession and the public at large.”
To inform its decision, the Court also directed the Alabama State Bar to conduct a public survey identifying specific concerns Alabamians have with lawyer advertising. The results were clear: residents want transparency about whether attorneys in advertisements are licensed to practice in Alabama, whether they maintain local offices, whether they will personally handle cases and whether advertised verdicts were actually awarded.
The drafting committee, co-chaired by attorney Michael Upchurch, sought to address these issues while remaining within the bounds of constitutional free speech protections. “The Committee’s goal was to draft rules that are reasonable, practical, and constitutionally sound,” said Upchurch. “[But] our rules must recognize and respect that the United States Supreme Court has essentially held that lawyer advertising is protected by the First Amendment unless it is false or misleading.”
Chief Justice Stewart reinforced the Court’s commitment to accountability: “It is important to the Supreme Court that rules governing the behavior of attorneys in our state protect the public to the furthest extent possible within the constraints of the Constitution. We strongly believe we owe Alabamians transparency and accountability for attorney and judicial conduct,” she said. “We are always mindful that the public’s trust and confidence in the justice system must dictate what we do every day.”
The new rules are expected to be implemented in the coming months, signaling a renewed focus on ethical standards and public trust in Alabama’s legal profession.
