Effective, Ethical Marketing For Attorneys
Ethics and Regulation
What I Would Do if I Practiced in Texas
Category: Ethics and Regulation
The Texas State Bar is now attempting to profit from lawyers use of Facebook, Linkedin, YouTube and the like. It's trying to extract $75.00 each time a lawyer posts a video on one of these sites, contending that videos that "solicit" legal services are each an ad, subject to Texas' ridiculous and probably unconstitutional requirement that lawyers have their advertising "pre-approved."
So here's what I would do:
1. Don't make the video about your services. Instead, simply provide meaningful information. Instead of saying "if you've been hurt, call me" say something like here are the top three things you ought to do if you are getting called by a pesky insurance adjuster. This type of video ought to be fully protected by the First Amendment and not subject AT ALL to state regulation.
2. If what you are posting on YouTube is a recycling of video already on your website, there would be no need to have the exact SAME content "approved" again.
3. Finally, while most YouTube videos are three minutes or less, we are often shooting for hours to get the perfect three minutes. In order to get your $75.00's worth from the Texas State Bar, send them five hours of video, telling them to go through it and let them know if ANY of it is objectionable. In other words, don't send them three three minute snippets (each costing you $75.00) let 'em enjoy the afternoon!
Here's the release from the Texas State Bar.
30 Day Suspension for Misrepresentation as to Expertise
Category: Ethics and Regulation
Thanks to Jonathan Stein for alerting me to this interesting ethics case from California.
An attorney bought a marketing program from U.S. Tax Marketing Corp. . The marketing program teaches lawyers how to defend people from IRS proceedings, etc. (I've actually reviewed this entire program and it is good...the program was not the problem here.)
As part of an add-on, apparently you can buy a "done for you service" whereby the vendor will use your letterhead and mail letters to a list of people known to be in trouble with the IRS.
The problem, and the reason the lawyer was suspended for 30 days, was that the letter being sent made gross misrepresentations about the experience of the lawyer in doing tax lien defense. She had NO experience in these cases.
Continue reading "30 Day Suspension for Misrepresentation as to Expertise"
Tell the Connecticut Bar to Stuff It
Category: Ethics and Regulation
My good friend Lisa Solomon (QuestionofLaw.net) gave me a heads up on what I believe is a clear infringement of the First Amendment by the Connecticut Bar "web site audit committee." (Lisa helps me a ton by keeping a lookout for interesting lawyer advertising rulings and opinions!)
It seems that the Connecticut bar routinely does website "audits" to check compliance.
In a recent audit, they had a lawyer change "Mr. Smith limits his practice to XYZ" to Mr. Smith's practice "includes XYZ."
What is the purpose of that? If lawyers are supposed to get quality information to consumers, it is idiotic to prohibit a lawyer from telling the consuming public that he limits his practice to certain areas. It is idiotic for many reasons but think about this. The bar, is, in effect, compelling the lawyer to waste his most precious asset, time, by now having to handle the calls and inquiries from potential clients who have legal matters he does not handle! Frankly, that's a government mandated theft of time!
The bar's reasoning, apparently, was that in saying you "limit" your practice its like saying you are an "expert" and "we don't let people say they are an expert unless they are certified."
To prohibit an attorney from saying he "limits" his practice to certain areas is a clear First Amendment violation and there is no conceivable, let alone, compelling, state interest in this restriction.
Had I been that lawyer I would have told them to stuff it.
Nevada to Face Fight Over Lawyer Ads
Category: Ethics and Regulation
Thanks to New York Personal Injury Attorney Gary Rosenberg for bringing to my attention what may be the next big battleground in an attempt at the regulation of lawyer ads.
Apparently new Supreme Court regulations in Nevada will require lawyers to submit their print and TV advertising to the State Bar of Nevada committees for review. Attorney Glen Lerner has vowed to not submit his ads as he has said that "I am not going to turn my ads over to my competitors."
Refreshing Ethics News From The Florida Bar
Category: Ethics and Regulation
From a state with some of the oddest and most restrictive lawyer advertising ethics opinions comes website rules that are refreshingly open and full of common sense.
Florida's lawyer advertising rules recognize the significant difference between advertising that is "broadcast" to the world (whether the recipient of the advertising message needs a lawyer or not) and that advertising which is "a request for further information." Under Florida's rules, there are far fewer restrictions on what can be said when a consumer "requests further information" from an attorney.
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North Carolina Bar Allows Verdicts on Websites Only "In Theory"
Category: Ethics and Regulation
After yesterday's post about the D.C. Bar's refreshing opinion encouraging the publication of verdicts and settlements on lawyer websites I was hunting around to see what other states allow. I found the North Carolina Bar's absurd position that you can only publish verdicts and settlement if you publish all of your results.
If you have been practicing for any length of time this becomes a virtual impossibility. Thus, in North Carolina, the MORE experienced you are the LESS likely it is that you can provide the valuable and sensible service of providing information to prospective consumers about your experience.
Continue reading "North Carolina Bar Allows Verdicts on Websites Only "In Theory""
D.C. Bar Encourages Publishing of Verdicts and Settlements on Web Sites
Category: Ethics and Regulation
The District of Columbia Bar has issued an ethics opinion which not only recognizes the value of publishing verdict and settlement information on a lawyer's website, but encourages the practice. The actual opinion answers the question whether a defense attorney may prohibit the plaintiff's lawyer from disclosing publicly available information about the case. The D.C. Bar says that "A settlement agreement may not compel counsel to keep confidential and not further disclose in promotional materials or on law firm websites public information about the case, such as the name of the opponent, the allegations set forth in the complaint on file, or the fact that the case has settled. Such conditions have the purpose and effect of preventing counsel from informing potential clients of their experience and expertise, thereby making it difficult for future clients to identify well-qualified counsel and employ them to bring similar cases."
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More Inane Opinions from the Florida Bar
Category: Ethics and Regulation
Carolyn Elephant (MyShingle.com) has a terrific post about the newest bad advertising ethics decision from the Florida State Bar.
It seems that the bar has determined that a divorce lawyer's ads that he could help clients "rid themselves of that vermin [they] call a spouse" 'promises a result.'
No surprise: as I point out on Carolyn's blog the Florida bar has also found that an ad that says "meet with me and I'll calm your fears" also unethically promises a result. My rant about the Florida Bar is posted at Carolyn's site but suffice to say that the Florida Bar's advertising committee stands alone in its misunderstanding of its role and the First Amendment.
Unethical to Hand Out Business Card(s)
Category: Ethics and Regulation
At least in North Carolina, according to a proposed legal ethics opinion. The proposed opinion, below, is clearly violative of First Amendment protections because it prohibits an activity based on a perceived risk (of in person solicitation).
Ummm, the ND Bar doesn't want you to give out multiple copies of a business card or brochure because somebody might have the temerity to recommend you. (and the opinion seems to say that you can't ask someone to recommend you, at all!)
Ok, this is a joke, right, North Carolina? Have any of your ever run a business.
If you take this (il)logic you might as well ban advertising in the Yellow Pages (same info as a business card, right?), TV and billboards because someone just might recommend you.
Here' the proposed opinion.
First Lawsuit Challenging New York's New Advertising Rules
Category: Ethics and Regulation
Thanks to my friend, New York personal injury attorney Gary Rosenberg, for alerting me to the fact that the first lawsuit challenging New York's new advertising rules has been filed.
The lawsuit, filed by New York Firm Alexander and Catalano takes dead aim at New York's changes.
Let's Play "Find that (NY Required) Notice
Category: Ethics and Regulation
Can you find the "this is advertising" notice that is now required by the (largely) silly New York Ethics rules at these two sites?
Uh-Huh....what else does the New York Bar want to try to regulate to protect the public?
Thanks to Alex Simpson and Imke Ratschko for being among the first to point these out.
OK, Now I'm Starting to Understand Florida
Category: Ethics and Regulation
I've got a ton of material on the Florida Bar's (We've never heard of the First Amendment) attitude toward lawyer advertising and I have to wonder: just where do they find these folks.
Now I know. Thanks to my friend New York attorney Lisa Solomon, I found out that they actually have a "Tomato Committee" in Florida.
Continue reading "OK, Now I'm Starting to Understand Florida"
In Florida You Can Tell Them You Were There
Category: Ethics and Regulation
I am starting to have more and more lawyers from Florida contact me to point out just how crazy the Florida State Bar's advertising committee's decisions are. Plus, I'm subscribing to the Florida Bar News because.....well, ....because....
Consider two recent rulings regarding the rule that prohibits consumers from finding out whether you have any past successes or not:
Continue reading "In Florida You Can Tell Them You Were There"
If You've Got an Ethics Ruling From Florida, Fax It
Category: Ethics and Regulation
I've had a bunch of lawyers from Florida call me about these posts on lawyer advertising ethics in Florida. Some have sent "rulings" they've received about proposed ads, others have received my free 60 page report on lawyer advertising and wonder "will this work in Florida with these knucklehead restrictions we see often in the Florida Bar News?"
Let's try to put our heads together.
Continue reading "If You've Got an Ethics Ruling From Florida, Fax It"
More Sounds Silenced in Florida
Category: Ethics and Regulation
While lawyers who understand Effective Ethical and Outside the Box Marketing will learn to develop a "herd" of raving fans who will do your talking for you, and, frankly, don't need seagulls, pit bulls or talking frogs to get their message across, others will continue to rely on traditional advertising to get themselves heard in a noisy, crowded marketplace.
They should be able to do so within the bounds of the First Amendment. Just not in Florida. Here are some more sounds that have been outlawed in lawyer advertising in Florida by that state's "advertising committee." (A committee, I suggest that is working hard to prove the "value" of its existence.)
The Sounds of Sea Gulls (but not in Florida)
Category: Ethics and Regulation
Imagine this. A roomful of lawyers and other folks comprising a committee, sitting around trying to determine whether certain sound are "allowable" in lawyer advertising.
Apparently this goes on quite often in Florida. They have a lot of neat birds and other wildlife but apparently you can't use any in your attorney advertising.
Continue reading "The Sounds of Sea Gulls (but not in Florida)"
What About Bar Rules Foreclosing "Emotional Appeals"
Category: Ethics and Regulation
You asked questions about the ethics of advertising a book that appeared to use a statement (the title of the book, which refers to "Deadly Sins" or "Secrets") that is unverifiable or relies upon emotional appeal.
Continue reading "What About Bar Rules Foreclosing "Emotional Appeals""
New York 2007 Ethics in Advertising Changes
Category: Ethics and Regulation
The New York Bar's ethics in advertising changes have just been released. I've posted a red-lined version of the advertising rules here.
I have not had time to digest them fully but they seemed to have relaxed some of the more onerous provisions.
And yes, thank goodness, you can still use a pop up on your own website! (The blanket ban on pop ups on lawyer websites was really silly... what if the pop up said "the hiring of a lawyer is a very important decision....don't make that decision on the basis of a website"?)
Besides, pop ups are yesterday's technology.. wait till they see what's coming next!
The Animal Kingdom in Florida
Category: Ethics and Regulation
I'm not talking about Disney. I'm talking about what must adorn the walls of the Florida State Bar Advertising Committee's meeting room.
Remember, this is the state that banned Pit Bulls from ads.
In Florida, Don't Tell them Anything Other Than "I'll Try Real Hard"
Category: Ethics and Regulation
The Board of Governors of the Florida Bar have been hard at work making sure that lawyers don't promise consumers that they'll do anything other than "give it a good try." The general ethical prohibition that lawyers not create "unjustified expectations about results" has been taken to a new low by the Florida Bar.
Continue reading "In Florida, Don't Tell them Anything Other Than "I'll Try Real Hard""
The Florida Bar Advertising Committee--A Model of Craziness
Category: Ethics and Regulation
For years I've been hearing complaints from Florida attorneys about the over-regulation of attorney advertising by that states state bar. For the most part I dismissed what they were saying, telling the, "that couldn't be true, what you are telling me...it makes no sense whatsover."
To my friends in the Florida, forgive me....you were right....your state bar advertising committee is a mess.
Continue reading "The Florida Bar Advertising Committee--A Model of Craziness"
Florida Bar Taking another Look at Websites
Category: Ethics and Regulation
Ocala, Florida Personal Injury Attorney Craig Cannon sent me this news from Florida. According to an article by Jill Krueger in the Orlando Business Journal, the Florida Bar's Board of Governors is set to take final action in Web site advertising rules.
Continue reading "Florida Bar Taking another Look at Websites"
So New York is going to ban trans fats
Category: Ethics and Regulation
New York City has announced that it will ban restaurants from making any food using trans fats. Okay, we all know that trans fats do promote obesity and obesity kills. I suspect, however, that more people are killed in cars in New York City than die of heart disease every year and last I checked, New York still had not banned the sale of cigarettes.