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Ohralik v. Ohio State Bar Association

United States Supreme Court

436 U.S. 447 (1978)

Relevant factsFree

Attorney Ohralik (defendant) approached an acquaintance's injured daughter and her parents, secretly recorded conversations, and secured a signed contingent-fee agreement from her in the hospital, then separately made an uninvited visit to another accident victim and similarly secured her verbal agreement to representation. The Ohio State Bar Association (plaintiff) disciplined Ohralik for violating rules against direct solicitation of clients for financial gain, and the state supreme court permanently suspended his license; Ohralik sought Supreme Court review, arguing the discipline violated his First Amendment rights.

IssueFree

Whether a state bar may discipline a lawyer for soliciting clients in person without violating the First Amendment.

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