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Law firm advertising must be done in respectful manner

By JIM SCHUH
of The Gazette
Most lawyers I know are decent people who don't deserve being the butt of all the jokes they have experienced the past several years. It has almost become commonplace to vilify attorneys, likening them to sharks and other predators. Most fair-minded people will agree such reputations belong to just a smattering of practitioners.

When the legal profession embraced media advertising a few decades ago, some lawyers wanted no part of running newspaper, radio or TV ads, saying it was beneath their profession. Around these parts, we saw legal advertising grow slowly. At first, one or two lawyers sought to capitalize on the new way to promote their business, by going on TV and doing foolish things - like hawking their services clad in a swimsuit while standing next to a pool, and then ending the spot by falling backwards into the water. Their antics certainly had nothing to do with the quality of their service - rather these clowns sought quick recognition.

That sort of advertising didn't last long, as the silly ads disappeared. Most attorneys condemned them, saying they brought disrepute to the profession. Today, legal advertising in our area has settled into two forms - the simple statement that a law firm exists and can assist people with problems, and TV ads that generally and tastefully tout such services as seeking redress for someone injured in a wreck or on the job.

While I was in Alabama a few weeks back, I turned on the TV set to a couple Birmingham stations, and found those broadcasters must be having a financial field day with the legal profession. What I saw made me think about the Wisconsin lawyers I know, and how they'd react to those TV spots.
Apoplexy is what I have in mind.

Let me say that the lawyers and TV stations definitely have a right to broadcast the ads I saw. The questions I have are whether such insipid ads serve any good public purpose or whether they enhance the legal profession's reputations and credibility. Or are they unsavory, disgusting attempts to give poor and poorly educated people - of which there are plenty - hope of getting settlements, even when there is no hope? Do the ads encourage perpetuating a climate where a lawsuit is the only way to settle anything?

The Birmingham stations broadcast about every courtroom show you can think of - Judge Judy, Judge Hatchett, Judge Mills Lane, Judge Joe Brown, Divorce Court, Texas Justice and Power of Attorney. They're perfect showcases for legal advertising, and there are plenty of firms that have taken advantage of it.

As you watch these shows, you're struck by the fact that law firm after law firm is hustling viewers to call toll-free numbers to discuss potential litigation. There's nothing deceptive in the ads - they all have disclaimers in tiny letters at the bottom of the screen saying the lawyer doesn't get paid unless you collect from your adversary. Many also state that the law firm makes no claim that its services are superior to those of any other law firm. But the cumulative effect of all these high-pressure ads is to get people to sue.

R. D. Pitts has five locations, and says he's dedicated to getting you the Social Security benefits you deserve. Morris Bart wants women under 50 to call him. He claims they might be entitled to money damages if they suffered strokes caused by the chemical PPA. Ike Gulas offers to get you in on a class-action settlement if you were a victim of racial injustice or discrimination by four life insurance companies. David Lanning says he will help guide you through the legal process if you were injured on the job or in an accident. Brad Botes addresses people who have tried to borrow their way out of debt, and offers alternatives, such as debt consolidation and bankruptcy. The most obnoxious spots come from Norris Injury Lawyers, S.C., and uses a high-pressured announcer whose presentation is so intense you can see the veins in his forehead pop out as he hollers at viewers, saying "We make money for you," if you've been a victim of burns, scars, broken bones, medical blunders, paralysis, nursing home abuses, explosions, etc. "You don't pay unless we collect," he wails. You can call the 800-number 24-hours a day, seven days a week.

One personal injury firm takes ambulance chasing to frank and new heights, explaining its lawyers "make hospital calls."

In addition to all these legal spots, viewers are bombarded with ads promoting high interest automobile title loans, burial insurance and expensive alternative phone service for people the phone company disconnected for not paying their phone bills.

It's exasperating to watch this crap.

We can be thankful that almost all members of the legal profession around here have maintained decorum when it comes to advertising their services. I'm hoping they keep their good sense and professionalism as they go about their business.

You may reach Jim Schuh at The Gazette, or by e-mail at
jpschuh@excite.com.