During our class discussion on legal advertisements and watching some of the ridiculous ads from big legal firms or even other smaller firms, it really made me think " how can these placed just get away with these things?" The Practice of law has always been seen as an elite profession that prides itself in its professionalism. However, I feel with these raunchy ads that firm display on TV and billboards is almost an insult to the legal profession and making out field seem like a joke.
I understand trying to relate and be likable to attract new clientele, it's how the market works, but there must be a limit to what should be allowed as appropriate advertisements. I'm sure everyone has seen the billboards from Morgan & Morgan stating, "size matters" and the one with John Morgan laying shirtless across the billboard. This is someone who is supposed to be a professional attorney representing you when you are vulnerable and need the help the most. I feel that these ads are inappropriate and disrespect the practice of law and firms that think these are acceptable ways to represent themselves and the legal world should be sanctioned for this.
The American Bar Association contains rules about maintaining the integrity of the profession and should an attorney violate any of these rules, they may be sanctioned, or even potentially disbarred. Not that I think these advertisements are at the level of disbarment, but I do think that some of these inappropriate ads deserve to be sanctioned for essentially violating the integrity of the legal profession. I think the field has seen a drop in professionalism, especially with raunchy advertisements that are all over media today, and by sanctioning these firms/attorneys for defacing the field, I think it can professionalize the field of law again.
All TV ads by Florida lawyers must be submitted to and approved by the Bar in advance. The seemingly over the top ads from Morgan & Morgan and others have been approved by the Bar.
ReplyDeleteHere is the requirement: RULE 4-7.19(A) - Television, radio, print, and internet advertisements (except for lawyer or law firm websites) must be filed for review with the bar at its headquarters address at least 20 days before their first use, unless the content of the advertisements is limited to the presumptively valid content listed in Rule 4-7.16. Rules 4-7.19(a) and 4-7.20(a). Presumptively valid content is also commonly referred to as “safe harbor” or “tombstone” information.
Last night during the local ads segment of the Super Bowl, local (to Orlando) PI attorney Dan Newlin appeared wearing a red MAGA cap. It was an interesting choice given that the Orlando area is much more blue than red and mostly anti-Trump. I wonder what research metrics led Newlin to believe this would be a net positive ad for his law firm? I was watching on broadcast TV via an antenna rather than cable, and perhaps there is something about that particular demographic that suggest a more MAGA-oriented viewership that cable subscribers that tend to be more affluent/educated, and thus more progressive.
As I thought would happen, Newlin is experiencing considerable backlash over his decision to introduce partisan politics into his law firm's Super Bowl commercial. It seems Newlin's claimed message in support of veterans ran headlong into Trump's well-known disdain for the sacrifices of veterans as "suckers" and "losers." Many commentators cited the hypocrisy of this message. https://www.orlandosentinel.com/2024/02/12/orlando-attorney-dan-newlin-defends-wearing-maga-hat-in-super-bowl-ad/
DeleteThe lesson is that it is OK to entertain and even be outrageous in your ads, but do not offend a sizeable portion of your target market.
I can definitely see your point Virginia. The sheer amount of times I have had John Morgan’s face staring me down from the back end of a bus while I’m driving makes me wonder at the regulations surrounding attorney advertising. The field has definitely seen a bit of a drop in professionalism, but I don’t know if I necessarily agree that the ads are disrespecting the practice of law itself. Lay people commonly see lawyers as haughty or overly tight and professional. I feel like some of these advertisements bring the pedestal down a bit if that makes sense. They make the field seem a bit more realistic, and honestly the funny ads are the ones being remembered. (Not that any locals can ever get “for the people” out of their head anyway, but I digress.)
ReplyDeleteI agree with you, a lot of these advertisements do cross some kind of line, either by being a bit raunchy (like the “size matters” from Morgan and Morgan) or by just being overbearing in the amount they are repeated. But I don’t know if it’s a professional line being crossed. I really enjoyed your post and how it made me think more on the issue.
BTW, speaking on our class discussion on legal advertisements, if you enjoyed the Texas Law Hawk commercial, that attorney did multiple of those ads and they’re all as good as the first.
Victoria,
ReplyDeleteWhile I your point is well taken, I do think that a lot of the "professionalism" standards can lean into elitism. As you mentioned, this is still a market and firms are competing for clients. Doing something that sticks out is a smart way to gain the attention of potential customers and fill the void in their mind regarding legal services. As tasteless as the Size Matters ad is, we're still talking about it which proves that it worked. That is the point of advertisements. Because it's funny, people are more likely to remember Morgan and Morgan should they have a personal injury case. Also, as Scott mentioned, it had to be approved by the Bar and I think part of their logic is working against the idea that legal help is something that is only available to the elite. Ads like these bring the practice of law to regular people and while arguably tasteless, I don't think their integrity is compromised.
Virgina,
ReplyDeleteI agree that I have seen a change in the way in which advertisements have been presented, especially in the past few years. I think that we have been taught professionalism for so long that seeing some of these ads makes me wonder where the line is for what is a professional ad and what is not. I do find it interesting that while there are so many rules in place for lawyers to follow that promote professionalism, some of the billboards you see make you question professionalism. While I do think that publishing new "catchy" ads is important to promote a firm, I think that some of the recent ones seem to push the line between catchy and unprofessional. I am curious to see how the ads change as time goes on being that so many of these ads seem to be appearing recently.