There are several arguments that could be made in support of allowing lawyer advertising, even if they were not made by the Supreme Court in the context of the State Bar of Arizona:
Freedom of speech: Allowing lawyer advertising can be seen as upholding the principle of freedom of speech, which is a fundamental right protected by the First Amendment to the United States Constitution. By limiting lawyer advertising, the state bar could be seen as infringing on this right.
Increased access to legal services: Allowing lawyer advertising can help make the public more aware of available legal services, which can increase access to justice for individuals who may otherwise be unaware of their options or unable to find a suitable attorney.
Informed decision-making: Advertising can provide potential clients with important information about the legal services offered, the expertise of attorneys, and their fees. This information can help individuals make more informed decisions when choosing legal representation.
Competitive marketplace: Allowing lawyer advertising can foster a competitive marketplace in the legal profession, which may lead to better services and lower fees for clients. By limiting advertising, the state bar may inadvertently protect established law firms and limit opportunities for new or smaller firms.
Self-regulation: By permitting advertising within a set of ethical guidelines, the legal profession can self-regulate and ensure that advertising remains truthful and informative without being misleading or harmful to the public interest.
Public perception: Allowing lawyer advertising can help counteract the perception that the legal profession is elitist and inaccessible to the general public. Advertising can help demystify the legal profession and make it more relatable to ordinary people.
Overall, there are several reasons to support allowing lawyer advertising, ranging from upholding freedom of speech to fostering a competitive legal marketplace and increasing access to legal services. By permitting advertising within a set of ethical guidelines, the legal profession can ensure that the public interest is protected while still allowing attorneys to promote their services.