Question
Will need IRAC Analysis for this case. In 1983, Gary Peel, an Illinois attorney, began placing on his letterhead the following statement:Certified Civil Trial Specialist/By
Will need IRAC Analysis for this case.
In 1983, Gary Peel, an Illinois attorney, began placing on his letterhead the following statement:"Certified Civil Trial Specialist/By the National Board of Trial Advocacy."In so doing, Peel violated Rule 2-105(a) of the Illinois Code of Professional Responsibility, which prohibits lawyers from holding themselves out as "certified" or "specialists" in fields other than admiralty, trademark, and patent law.The Attorney Registration and Disciplinary Commission (ARDC) censured Peel for the violation.The ARDC claimed that Peel's letterhead was misleading because it implied that Peel had special qualifications as an attorney, although in fact no such thing as a civil trial specialty existed in Illinois; because the word certified might be interpreted to mean "licensed," and the National Board of Trial Advocacy (NBTA) did not have the authority to license lawyers; and because, given the fact that not all attorneys licensed to practice in Illinois are certified by the NBTA, Peel's assertion might erroneously be construed by some readers to mean that those who are certified by that board are superior to those who are not.Peel argued that Rule 2-105(a) violated his constitutional right to free speech and appealed the ARDC's decision to the United State Supreme Court.What will the Court decide?Discuss.
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