LIBERALISER LA PUBLICITE DES AVOCATS: FONDEMENTS ET CONSEQUENCES

Abstract

Following the recent relaxation of the Quebec regulations on advertising by lawyers, this article considers advertising by professionals from two perspectives. From an ethical perspective, it is concluded that judicial decisions in the United States and Canada dealing with freedom of speech confer a relatively broad immunity on commercial communication by professionals. At the same time, from the standpoint of the consequences of the change, the liberalization begun by North American courts falls short of the conclusions reached through economic analysis. To the extent that advertising by lawyers will probably result in global lowering of the income of the legal profession, the article considers why the Quebec Bar relaxed its regulations and concludes that it is necessary, in the public interest, to continue the efforts at relaxation already undertaken.