Ethics

We deal with a lot of questions about attorney advertising rules here at Avvo. Over the past three years, I?ve explored the ins and outs of these rules in nearly every state, but there?s a nagging question that hangs in the air whenever I think too much about this topic:  Why on earth do we still have these rules?  
 
Every other category of goods and services is subject to federal and state regulation around deceptive advertising, but attorneys are saddled with cumbersome self-regulation.  Rules that tell you the size of type to use on envelopes.  Rules that specify specific disclaimer language.  Rules that prohibit forms of advertising commonly used, well, pretty much everywhere else.  And lots of silly rules, too.  And now the ABA is in the process of looking into new Model Rules  to address online lawyer marketing and use of social media.  Something tells me the end result of that isn?t going to be a rule simply saying:  ?No deceptive advertising. ?  
 
But why not?  Other than some of the pre-Bates rules relating to solicitation, is there any value in the bars regulating attorney advertising?  Is there something different about the law that requires such extensive regulation?  Or it all just the accumulation of a self-regulatory enterprise run amok?  Thoughts from you ethics experts welcome.

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Josh King is VP of Business Development and General Counsel at Avvo, a website for rating doctors and lawyers.  He's worked at Clearwater, AT&T Wireless and Cellular One, and is an alum of Hastings.