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Florida Bar v. Went For It, Inc. | 515 U.S. 618 (1995)

For centuries, lawyers have had a reputation for aggressively soliciting new clients. Ben Franklin once said, quote, “A countryman between two lawyers is like a fish between two cats,” unquote. Today, many state bar associations prohibit aggressive attorney solicitation. In Florida Bar versus Went For It, the Supreme Court recognized that lawyers aren’t always appealing.

The Florida Bar proposed amendments to the state’s attorney ethics rules based on a comprehensive, two-year study on the public impact of attorney advertising. The first amendment prevented personal injury lawyers from directly mailing solicitations to accident victims or family members within thirty days of an accident. The second amendment prevented lawyers from indirectly doing the same through lawyer referral services. In 1990, the Florida Supreme Court adopted the amendments. Went For It, a lawyer referral service, sued the Bar in the United States District Court for the Middle District of Florida, arguing that the amendments violated free speech. Both parties filed motions for summary judgment. The district court ruled in Went’s favor, and the United States Court of Appeals for the Eleventh Circuit affirmed. The Bar then appealed to the United States Supreme Court, which granted cert.

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