Posts Tagged ‘chasing clients’

Lawyers’ advertising and solicitation generally

The following links and commentaries were written circa 1999 for Overlawyered.com.

Chapter 1 of your editor’s The Litigation Explosion (1991), unfortunately not online, tells the story of how in the 1970s the mood in elite legal circles changed: client-chasing by lawyers, long considered a serious ethical breach, began to be viewed less unfavorably as litigation itself came to be seen as socially positive rather than destructive.  The shift culminated in decisions by the U.S. Supreme Court  according Constitutional protection to most lawyer advertising and some solicitation. 

Solicitation: some extreme cases

Among cases mentioned in The Litigation Explosion are those where lawyers’ agents posed as a priest to mingle among grieving families after an air crash, and as Red Cross workers to dig out and sign up survivors after a store collapse.  (Even in today’s much-relaxed climate, these sorts of practices still expose attorneys to punishment if they can be proved.)  Ken Dornstein’s book Accidentally on Purpose reports on how personal injury operators set up a supposed religious charity, the “Friends of the Friendless”, whose real function was to secure them access to patients in the giant Los Angeles County Medical Center; “techniques included pressing an unconscious patient’s inked thumb to a legal retainer and threatening those who said no with deportation”. 

This September 1998 Cincinnati Enquirer article reports on a case where a lawyer was accused of soliciting a dead man.

Lawyer promotion on the Web: 

Client-chasing lawyers pioneered spam in the notorious 1994 “green card lawyers” episode, in which an Arizona law firm posted an ad to several thousand Usenet newsgroups offering immigration services; the fury among Netizens went on for months.  This account is by David Loundy in the Chicago Daily Law Bulletin.

Two articles still worth a look, though written at a time when web technology was in its infancy, are “Pushing the Advertising Envelope” by T.K. Reid (State Bar of Georgia) and Mark Hankins, “Ambulance Chasers on the Internet: Regulation of Attorney Web Pages” from the Spring 1996 Journal of Technology Law and Policy (U. of Fla. Law School).  Hankins writes that “the Web is unfortunately already home to undignified attorney advertising, including a DUI attorney who sponsors a ‘drunk browsing test’ inviting users to perform the tongue-in-cheek computer equivalent of a roadside sobriety test”.  (That link is gone, however.) Reid reported, “In an informal poll I did of ten attorneys owning sites on the Web, I inquired as to what steps they had taken to insure that their page complied with their State Bar’s rules for advertising. To my great surprise several responded that they did not consider their sites to constitute advertising, and therefore had done nothing. Instead of advertising their services as an attorney, they maintained that they were acting in another role – that of a publisher of free information.”

Which brings us to “Ethics Spotlight: Attorney Malpractice for Web Site Content” by Laura W. Morgan, part of the Divorce.Net site.  Morgan looks at the question whether lawyers might be liable for offering bad advice on their websites which visitors rely on to their detriment.  The general answer is no, because law-firm websites are usually well plastered with disclaimers saying, “this isn’t real advice and don’t even think of relying on it”.  Fair enough, except that the same lawyers often aren’t so willing to respect other people’s attempts to disclaim liability.

Archived advertising and solicitation posts through June 2003

New Orleans cleanup continues“, Jun. 10-11, 2003.

Mississippi investigation heats up“, May 7, 2003; “‘Oxy Morons’“, May 30, 2002; “Trial lawyers vs. OxyContin“, Aug. 7-8, 2001; “Target: Alka-Seltzer” (phenylpropanolamine, PPA), April 6-8, 2001 (& Dec. 18, 2001). 

‘Streets strewn with glass, gold’“, May 4-5, 2003.

Thrill of the chase“, Mar. 4, 2003.

Client-chasing: we interrupt your grief“, Feb. 21-23, 2003.

Client-chasing: tantrum-enablers“, Feb. 21-23, 2003.

Politico’s law associate suspended over ‘runner’ use” (Louisiana), Feb. 14-16, 2003.

Targeting Wall Street“, Jan. 30, 2003.

Lawyers’ advertising, 25 years later“, Dec. 23, 2002.

Websites, 2003:Slip, fall, learn who to blame“, Feb. 4-5. 2002:Trial lawyers vs. Thimerosal“, Dec. 20-22; “Sic ’em on Segway“, Aug. 1; “Jury nails ‘The Hammer’” (MillionDollarLungs.com, CPalsy.com), Jun. 17-18.  2001: Trial lawyers vs. OxyContin“, Aug. 7-8; “Letter to the editor” (fallingmerchandise.com), May 18. 2000:Down, attorney! Down!” (dogbitelaw.com), Feb. 1.  1999:‘Some lawyers try to make nice’” (Egypt Air 990), Nov. 29; “Click here to sue!” (AOL volunteers), Sept. 7; “Click here to sue!” (“employee misclassification”), Aug. 19. 

After our own heart” (coach attacked by fans solicited to sue baseball club), Sept. 27-29, 2002. 

Patriotic, or promotional?” (billboard), Sept. 13-15, 2002.

Jury nails ‘The Hammer’” (jury finds lawyer’s ads false and misleading in legal-malpractice case), Jun. 17-18, 2002.

‘Friends don’t let friends plead guilty’” (lawyer’s slogan), May 13, 2002.

The lawyers who invented spam“, Mar. 29-31, 2002.

Texas docs plan walkout”, Mar. 15-17, 2002; “A ‘Jenny Jones Show’ question“, Mar. 12, 2002; “For client-chasers, daytime TV gets results“, Dec. 18, 2001. 

‘Halliburton shares plunge on verdict’” (“million dollar lungs”), Dec. 10, 2001. 

Profiling perfectly OK after all” (ACLU billboard solicits racial profiling plaintiffs), Nov. 16-18, 2001. 

U.S. Muslims told: don’t talk to law enforcement” (by lawyer promoting his services), Oct. 29, 2001. 

‘Company tried to capitalize on Sept. 11’“, Oct. 15, 2001. 

Meet the ‘wrongful-birth’ bar“, Aug. 22-23, 2001. 

‘Lawyer says Yellow Book ad makes him look bad, sues for damages’“, July 3-4, 2001; “Let your fingers do the suing” (Michigan’s “AAAA Legal Center“), Feb. 17, 2000; “The Yellow Pages indicator“, Oct. 9-10, 1999. 

‘Insect lawyer ad creates buzz’” (Canadian law firm’s recruitment ad), May 23, 2001. 

From dinner party to court” (U.K.), May 22, 2001. 

Letter to the editor” (law firm “consumer columns”), May 18, 2001. 

Behind the subway ads” (1-800-DIVORCE, etc.), Dec. 18-19, 2000. 

Scarier than they bargained for” (“grenades” sent as promotion), Oct. 5, 2000. 

Press releases, or ‘strike suit’ ads?” (announcements of securities lawsuits), March 6, 2000. 

‘Ambulance chaser’ label ruled defamatory” (appeals court says lawyer can sue), Jan. 24, 2000. 

Free expression, with truth in advertising thrown in?” (injury lawyer flies Jolly Roger pirate flag), Dec. 31, 1999-Jan. 2, 2000. 

Pack your toothbrush, son” (Alabama: charges of paying hospital, police employees for leads on cases), Dec. 20, 1999. 

‘Some lawyers try to make nice’” (Ohio Bar ads), Nov. 29, 1999. 

State of legal ethics” (ad stirring up will-contest litigation), Oct. 5-6, 1999.

Mass. high court opens lawyer-ad floodgates“, Sept. 17-19, 1999. 

Like calling the Orkin man to talk about bugs” (Johnnie Cochran 18-page promotional bio at A.B.A. convention), August 10, 1999. 

Honey, you’ve got mail” (Florida divorce-lawyer solicitations arrive before clients know they’re being divorced), July 15, 1999. 

What a recommendation” (O.J. Simpson to cut TV ads for 1-800 lawyer referral service), July 6, 1999; see also Dec. 8-10, 2000 (Fla. battle over lawyer TV ads).

This time, bombing the taxpayer” (controversy over American attorney John Burris’ recruitment of embassy-bombing victims), Jul. 5, 1999. (More resources on same episode: Mike Kelly, Bergen Record, Apr. 18, 1999; Newsweek International, Apr. 12, 1999, links now dead.)

The annotated external links formerly present on this page are now here.