Magazine Yellow Pages Complaints
How Defense And Trial Attorneys Appeal To The Public
With attorney advertising commonplace nowadays, all types of messages about legal representation are getting out to the public. Those messages, found on television, radio and Web sites, are more widespread than ever.
But is the public getting the message behind attorney advertisements and Web sites? The public no doubt has been made more aware of the variety of legal representation that is available, but it’s difficult to say if the public treats attorney advertising any differently than any other form of advertising.
One thing is for sure — state bar associations across the nation have been paying attention to the rise of attorney ads from the 1970s when such ads weren’t even allowed.
Some legal advertising has come under sharp focus, including a Broward County Florida attorney firm ad that used a logo of a pit bull wearing a spiked collar. That ad drew a complaint from the Florida Bar. Still, other ads may be seen by the public as being too complex, such as some rapidly spoken ads that may be filled with legalese about complicated class action lawsuits.
For many years, bar associations forbid attorney advertising, except for the use of business cards. That changed with a 1977 Supreme Court decision in Bates v. State Bar of Arizona when the court determined that attorney advertising was a form of commercial speech entitled to First Amendment protection to some extent. The dispute in the Bates case arose when two Arizona attorneys placed an ad in a newspaper that quoted prices for routine legal services.
An increase in attorney advertising steadily followed that ruling. The Supreme Court would strike down even more restrictions prohibiting attorneys from advertising in subsequent years, but individual states and their bar associations would establish professional standards and rules for attorney advertising, including uses of pre-approval, disclosures and disclaimers.
Attorney advertising entered a new age with the Internet. Attorney Web sites and blogs also have come under scrutiny. In Florida, a Florida Supreme Court ruling will crack down on attorney Web sites to bring them in compliance with other advertisements, except for the requirement to submit them to the state bar for review. Florida attorneys, including Orange County, have until July 1, 2010, to bring their Web sites into compliance.
“The court opinions meant that lawyers and law firms, on their Web sites, would not be able to refer to past results, use testimonials from clients, or characterize the quality of their legal services — items included on virtually all attorney sites,” reports the Florida Bar News.
The State Bar of California offers the following advice to the public regarding attorney advertising:
“Most lawyers choose not to advertise, other than to list their names, addresses and telephone numbers in the Yellow Pages. But lawyers are allowed to advertise in the Yellow Pages, in newspapers and magazines, on the radio and television, on billboards, on the Internet or any place else — as long as the ad does not contain false or misleading information. Lawyers may use ads to list their fields of law. They also may post their fees.
“If you decide to call a lawyer featured in an advertisement, keep the ad for reference. If the ad was aired on the radio or television, make notes for your records.”
About the Author
Daryl D. Anthony is a former Orange County California deputy district attorney and deputy public defender in California. His Web site is at www.attorney-orangecounty.com.