Please explain why solicitation is an activity that is much more strictly regulated, and is almost prohibited, than is advertising, which is allowed but has some limitations.

Question

What will be an ideal response?

Answer 1

Although
both advertising and solicitation were traditionally thought to be inappropriate activities and
eventually became prohibited, advertising started to be allowed after the Bates case. These
days, advertising is generally allowed but has certain restrictions, depending on the
jurisdiction. Solicitation, however, is considered still to be pernicious behavior and is almost
always prohibited—at least when it is done for profit—unless limited exceptions apply. The
nature of solicitation is the key to understanding why. Unlike advertising, solicitation is a
personal, often face-to-face endeavor. It can be thought of as confrontational; it is pure sales.
Unlike advertising, which is passive, solicitation requires the listener to make a decision, and
very often without having any time to reflect. As evidenced by the facts in Florida Bar v.
Went For It, Inc., lawyers have been caught taking extreme advantage of the misfortunes of
others through heavy-handed solicitation tactics. And most importantly, unlike advertising,
which is done for public consumption and, therefore, subject to public observation by the bar,
solicitation is nearly impossible to regulate effectively because it is nearly impossible for the
Bar to observe. That fact, in combination with likelihood of unfair solicitation tactics, allows
solicitation done for pecuniary gain to be prohibited.