Shapero v. Kentucky Bar Association

Shapero (defendant), a Kentucky attorney, submitted for approval a truthful, non-misleading letter offering his legal services to individuals facing foreclosure, but Kentucky's Attorneys Advertising Commission (plaintiff) rejected it under a rule barring mailed advertisements targeting individuals who had experienced a specific triggering event like foreclosure; the Kentucky Supreme Court, applying ABA Model Rule 7.3 barring solicitation of prospective clients for pecuniary gain absent a prior relationship, upheld the rejection. Shapero appealed, arguing the rule violated the First Amendment.