Thus reads the advertising tagline of Colorado Springs law firm McCormack & Murphy P.C. Shrewd marketing? Disturbingly exclusionary? A manifestation of sincere religious conviction? All of these? (David Lat, Above the Law, Aug. 31, who got it from Parenthetical Statement).
Posts Tagged ‘chasing clients’
YouTube lawyer ads
This injury-lawyer ad (big explosions, wow) and this one (William Shatner endorsement) appear to be real. On the other hand, this one (“Have you forgiven someone for something you shouldn’t have forgiven them for?” and this one (dog lawyer) and this one (trips over potential client) are just parodies (via Bainbridge). Check the YouTube “lawyer” category for more, and maybe get there quickly, before the copyright lawyers get too busy (K.C. Jones, “Journalist Sues YouTube For Copyright Infringement”, TechWeb/InformationWeek, Jul. 18; “YouTube wanders into copyright mire”, Out-Law/The Register (U.K.), Jul. 19). More: Jul. 21.
New York courts seek to curb client-chasing
The New York state courts are proposing new rules that would significantly tighten up on lawyers’ freedom to chase potential clients, including injury cases, in the Empire State. In particular, lawyers would be forbidden to solicit disaster victims in most situations for 30 days after a disaster. As for advertising, “Significant restrictions would be imposed on the use of fictionalization, and lawyers would be banned from using nicknames or monikers — such as ‘heavy hitter’ or ‘dream team’ — that imply an ability to obtain results….lawyers would be prohibited from using current client testimonials, from portraying judges, from re-enacting courtroom or accident scenes and from using courthouses or courtrooms as props. They would also be barred from using paid endorsements, and from using the recognizable voice of a non-attorney celebrity to tout the lawyer’s skills.” Beyond that, they would have to be prepared to substantiate ad claims and keep ads on file for three years. (John Caher, “New York Courts Back Expansive Lawyer Ad Restrictions”, New York Law Journal, Jun. 15). For critical reaction, see Dennis Kennedy, Between Lawyers, Jun. 15 (“a shocking number of draconian and micro-managing rules “), and Robert Ambrogi, LegalBlogWatch, Jun. 16).
The rules are here (PDF) and the comment period lasts through Sept. 15. More: The state Academy of Trial Lawyers likes the idea.
Memo to campaign consultants
If you’re running someone for Congress and he wants to make an issue out of his support for litigation reform — even if, or especially if, he’s actually shown a willingness to support such reform as a state legislator — it’s probably best if his own law firm doesn’t have a full-page “We get results!” ad in the Yellow Pages inviting victims of “slip and fall injuries, medical negligence … dog-bite injuries, wrongful death [and] defective products” to “put our experience to work for you. … No fee unless you collect.” (Eric Zorn, “Candidate’s reform talk may be adding insult to injury”, Chicago Tribune, Jun. 22).
Mediocre pizza: “Don’t be a victim”
This ad campaign from the Donato’s Pizza chain spoofs lowbrow law-firm TV advertising.
Lawyers’ ads, scaring patients
The reformist website Sick Of Lawsuits points out an unpleasant side-effect of the typical lawyers’ ad campaign seeking to drum up lawsuits over side effects of prescription drugs, namely that it may cause patients to go off medications that are a good bet for them:
“* Twenty-five percent of patients said they would immediately stop taking a prescribed drug if they saw an ad for a lawsuit involving that drug. (Pharmaceutical Liability Survey, Harris Interactive, July 15, 2003)
“* Nine mental health patients in South Mississippi stopped taking their prescribed medications after seeing personal injury lawyer advertising regarding Zyprexa and Risperdal – drugs used to treat patients with schizophrenia and bipolar mania. ‘People see these ads and they think that they’re bad for them, so they quit taking them,’ said Teri Breister, executive director of the National Alliance for the Mentally Ill in Mississippi. ‘But these patients’ lives have come apart again. Every time they stop taking their medications, the episodes become worse.’ (‘Tort Advertisements Worry Some Health Advocates,’ Biloxi Sun Herald, March 21, 2004)”
More: Prof. Childs.
The danger of talking to plaintiffs’ attorneys? The Nano class action
An education in how class actions start: Jason Tomczak says that he posted on his blog about the iPod Nano, and was contacted by plaintiffs’ lawyers seeking to bring a lawsuit against Apple. Tomczak says that he told the lawyers he wasn’t interested in suing, but, nevertheless, the law firms of Hagens Berman and David P. Meyer and Associates filed suit naming Tomczak as the lead plaintiff. Two days later, they realized their mistake, and sent Tomczak a proposed attorney-client retainer, which Tomczak refused to sign.
Meanwhile, worldwide publicity named Tomczak as lead plaintiff, subjecting him to ridicule. (Our Oct. 27 post mentioned only Hagens Berman.)
At some point, Tomczak hired lawyers and filed a lawsuit against the law firms; his lawyers don’t seem to have explained to him the repercussions of challenging the plaintiffs’ bar, however, and, after what he calls a harassing deposition, the law firms have filed counterclaims against Tomczak, seeking their fees for defending themselves. Jason Tomczak now asks to clear his name: are there reporters out there who want to cover this David v. Goliath story? (See also Milt Policzer, “Who Needs Plaintiffs”, Courthouse News undated).
Florida “pit bull lawyers” case
“Product placement” — on The Sopranos?
On last Sunday’s episode of the popular HBO show, a commercial for Boston-based James Sokolove, known for his ubiquitous sue-’em-now ad campaigns, could be heard playing on James Gandolfini’s television set. Was it a deliberate product placement? (Carol Beggy & Mark Shanahan, “Fenway plans fail to materialize”, Boston Globe, Apr. 4) (via Schaeffer).
Cold-calling for Supreme Court cases
Irresistible profile of high court advocate and tireless self-promoter Tom Goldstein, whose firm publishes the popular SCOTUSblog (Noam Scheiber, “The Hustler”, The New Republic, Apr. 10).