The legal profession has long viewed personal injury law as the profession’s
most ethically dubious field. In particular, the profession has expressed concern
about personal injury attorneys’ perceived tendencies to solicit clients in objec
tionable ways. This Article explores the profession’s attempt to solve this perceived
problem through state regulation of personal injury attorneys’ advertising tactics.
Specifically, it examines the development and imposition of these regulations in
Florida and Kentucky, two of the first states to implement these rules in the late
1980s and 1990s. In attempting to solve one ethical problem, the profession cre
ated another, by giving control of the regulations’ creation to attorneys who often
had a vested interest in which personal injury attorneys would succeed.

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