Whether a lawyer has a right to advertise his services?
Ar advokatas turi teisę reklamuoti savo paslaugas?

Summary/Abstract: The role of advertisement in the contemporary society is very important, well accepted and recognized. However, throughout the long period of time lawyers were restricted or totally banned to advertise their services. But in the democratic society, bans and restrictions on certain activities, which arise from legal work with the legal purpose, are not welcome. Undoubtedly the profession of lawyer is one to which the term “legal” may be attributed in all its meanings. Therefore the ban to advertise legal services is very questionable. The advertisement may be understood as the techniques and practices used to bring products, services, opinions to public notice for the purpose of persuading the public to respond in certain way toward what is advertised. The definition of advertisement has the idea of spreading and receiving information. The right to spread and receive information is one of the most important human rights which are embodied in many constitutions: 25th art. of Lithuanian, First amendment of U.S. and 10th art. of European convention on Human Rights and Main freedoms. However the right to receive and spread information is primarily attributed to a human being. The question, whether advertisement or commercial speech is entitled to the protection of the principle of free speech, is not very clear and obvious. However US Supreme court recognized commercial speech as being protected by First Amendment. The freedom of commercial speech was recognized in Virginia State Board of Pharmacy V. Virginia Citizens Consumer Council case. The principle of the protection of commercial speech in Lithuania derives from constitution and its articles which guarantee freedom of speech to every human being and freedom of commercial activity. Nevertheless commercial speech may be prohibited or limited in certain circumstances. The test for regulating commercial speech in US was established by Supreme Court in Central Hudson Gas & Electric Corporation v. Public Service Commission of New York case. The commercial speech must be protected by First Amendment, it must concern lawful activity and not be misleading, the asserted governmental interest must be substantial and the regulations must directly advance the interest asserted. The Lithuanian constitution also allows limiting or regulating the free flow of information or commercial speech. But the regulations and purpose of regulations must be justified for interest of society. As well the rights and freedoms created by these regulations have to be broader than without regulations. Therefore, when it comes to the lawyers’ rights to advertise their services, the inquiry shall be made into the necessity and legitimacy of the bans and restraints. Traditionally legal advertisements were prohibited due to the lawyer’s position in the legal system. The lawyer plays an important role in legal system: he can officially act in the name and benefit of other; in many countries he has exclusive right to ...

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