Regulation and the Practice of Law
State legislatures and courts define the scope of the practice of law in their respective jurisdictions and regulate attorney advertising. As in other areas of the economy, new business models and methods of reaching consumers can bring the benefits of increased competition to the practice of law. States have addressed these changes through legislation and revisions to the rules governing attorney conduct, and, in many instances, the FTC and its staff have provided guidance on how proposed laws and rules may affect consumers and competition. For example, in 2006 and 2007 the FTC and its staff submitted comments to the legislatures and courts in New York and Connecticut addressing proposals in those states seeking to expand the definition of the practice of law in a way that reduced consumer choice, and likely raised prices, without providing countervailing benefits to consumers. In 2006 and 2007 the FTC and its staff filed comments in New York, Louisiana, Florida, Indiana and New Jersey advocating against restraints on truthful, non-misleading attorney advertising. As the practice of law continues to evolve to meet the needs of clients, the FTC will continue to provide support for efforts that enhance competition and benefit consumers.
