Changes

==Background of the Case==

==Background of the Case==

After graduation from law school, Bates and O'Steen worked for the Maricopa County ([[Phoenix, Arizona]] area) Legal Aid Society, before deciding to enter into private practice as a partnership.  Their practice (which they titled as a "legal clinic") would serve people who needed routine and uncomplicated legal assistance, but who could not afford the fees of a regular attorney yet had incomes too high to be served by the Legal Aid Society.

After graduation from law school, Bates and O'Steen worked for the Maricopa County ([[Phoenix, Arizona]] area) Legal Aid Society, before deciding to enter into private practice as a partnership.  Their practice (which they titled as a "legal clinic") would serve people who needed routine and uncomplicated legal assistance but who could not afford the fees of a regular attorney, yet had incomes too high to be served by the Legal Aid Society.

In order to make their practice successful, they established a model which required two main features: 1) extensive use of paralegals, automated equipment, and standardized forms and procedures, and 2) accepting only "routine cases" (such as uncontested divorces and legal name changes) which fit into the model, while refusing cases such as contested divorces which would not.  The model required that prices be set at a reasonable rate, which would not generate a large profit on each case, and therefore it required a large volume of business to work.

In order to make their practice successful, they established a model which required two main features: 1) extensive use of paralegals, automated equipment, and standardized forms and procedures, and 2) accepting only "routine cases" (such as uncontested divorces and legal name changes) which fit into the model, while refusing cases (such as contested divorces) which would not.  The model required that prices be set at a reasonable rate, which would not generate a large profit on each case, and therefore it required a large volume of business to work.

Two years into their practice, the partners determined that only by advertising their services, and specifically their rates, would the model truly be successful.  However, the State Bar of Arizona had a rule which prohibited advertising by attorneys.  Around that time, the [[American Bar Association]] amended its ethics rules (which are advisory only and not binding on states) to allow limited advertising by attorneys, but only in telephone directories and not newspapers.  In addition, the Supreme Court had ruled in a case involving pharmacies (''Virginia State Pharmacy Board v. Virginia Citizens Consumer Council'') which rejected a ban on advertising prices for prescription drugs.  Based on those developments, the partners placed an ad in the ''Arizona Republic'' advertising their services and stating fees for certain types of legal matters.<ref>A copy of that advertisement can be found here: [https://www.newspapers.com/clip/83062279/arizona-republic/ Advertisement for Bates & O'Steen Legal Clinic, ''The Arizona Republic'', February 22, 1976, p. A-21]</ref>

Two years into their practice, the partners determined that only by advertising their services, and specifically their rates, would the model truly be successful.  However, the State Bar of Arizona had a rule which prohibited advertising by attorneys.  Around that time, the [[American Bar Association]] amended its ethics rules (which are advisory only and not binding on states) to allow limited advertising by attorneys, but only in telephone directories and not newspapers.  In addition, the Supreme Court had ruled in a case involving pharmacies (''Virginia State Pharmacy Board v. Virginia Citizens Consumer Council'') which rejected a ban on advertising prices for prescription drugs.  Based on those developments, the partners placed an ad in the ''Arizona Republic'' advertising their services and stating fees for certain types of legal matters.<ref>A copy of that advertisement can be found here: [https://www.newspapers.com/clip/83062279/arizona-republic/ Advertisement for Bates & O'Steen Legal Clinic, ''The Arizona Republic'', February 22, 1976, p. A-21]</ref>