| You need to know a few things about lawyer | | | | goes to trial and jurors recognize your |
| advertising. For example, if you look through | | | | lawyer from his advertising, it may undermine |
| the yellow pages you'll see that the ads | | | | your lawyer's credibility during trial. Do |
| placed by attorneys all say essentially the | | | | you want jurors to remember your lawyer as |
| same thing. Very few of them actually give | | | | the one who can get BIG MONEY DAMAGES or FAST |
| good useful information to make it easier for | | | | SETTLEMENTS $$$ for pain and suffering?? |
| you to choose a good lawyer for your case. | | | | Jurors watch television, too, you know. |
| Although the yellow pages are a good place to | | | | |
| get names of attorneys, you need to be aware | | | | Lawyer TV Ads: A word to the wise Did you |
| of the following points when it comes to | | | | know that there are companies that offer |
| lawyer advertising: | | | | prewritten and pre-shot TV commercials for |
| | | | personal injury attorneys? You've probably |
| **There is no rule which requires that the | | | | seen one. Sometimes a famous actor is used |
| lawyer have a minimum amount of experience | | | | (like Robert Vaughan, William Shatner or Eric |
| handling the case which the lawyer wants to | | | | Estrada). Other times an attractive man or |
| advertise. | | | | woman is shown speaking behind a desk or |
| | | | holding a legal book or doing something else |
| **Although the bar association has rules that | | | | to act like a lawyer. The person says |
| govern lawyer advertising, it usually does | | | | something like, ¡§If you've been in an |
| not actively investigate, restrict or | | | | accident, get the money you deserve. Speak to |
| determine whether each lawyer who advertises | | | | an attorney for free. Call |
| is a specialist or has experience with the | | | | 1-800-XXXXXXX.¡¨ What you need to know |
| type of case being advertised. This means a | | | | is that many times your call is routed to a |
| lawyer can advertise that she is a "divorce | | | | call center that randomly sends your call to |
| lawyer" or "personal injury attorney"¨ | | | | the next attorney ¡§in line.¡¨ |
| when that lawyer may have limited experience | | | | The next one "in line" is an attorney who has |
| or knowledge of that area of the law. | | | | actually paid a hefty fee to be on the |
| | | | ¡§list.¡¨ Any attorney with |
| **There are virtually no restrictions on the | | | | enough money can pay to be on the list, |
| different types of law that the lawyer wants | | | | including attorneys who have never tried a |
| to advertise. Therefore, you should be | | | | case in court. Many times the attorney who |
| extremely careful about choosing an attorney | | | | has paid the fee is not necessarily the most |
| based solely on that attorney's advertising | | | | experienced lawyer for your case. Now I'm not |
| claim, whether the ad is in the phone book or | | | | saying that all attorneys who use TV |
| on television. | | | | advertising are inexperienced. But you should |
| | | | not rely on TV advertising alone when |
| **Any attorney can buy a big slick ad in the | | | | choosing a lawyer. Just a word to the wise. |
| yellow pages. The phone book company | | | | |
| typically does not verify the claims that are | | | | Case Study: T.V. Personal Injury Lawyer Fails |
| being made in the ad. In many cases the phone | | | | Client |
| book company does not even verify that the | | | | |
| person is a licensed attorney in good | | | | Here's a sad story about a lawyer who |
| standing! Use caution. | | | | advertised on T.V. in Rochester, New York. |
| | | | The attorney, Jim Schapiro, ran aggressive |
| **A lawyer who advertises does not mean that | | | | T.V. commercials which promised to obtain |
| that lawyer will be handling your case. Some | | | | large financial settlements for victims, |
| lawyers simply run advertisements and then | | | | referred to himself as "the meanest, nastiest |
| refer outmost or all of the clients to other | | | | S.O.B. in town" and claimed to have |
| lawyers to do the work in exchange for a | | | | aggressive courtroom prowess. Schapiro, who |
| referral fee. Such a lawyer essentially acts | | | | called himself "The Hammer" had law offices |
| like a referral broker. Be especially | | | | in the states of New York and Florida. |
| cautious of ads placed by out of state | | | | |
| attorneys. Because of state licensing | | | | In 2002, one of Schapiro's clients, |
| requirements, these attorneys will usually | | | | Christopher Wagner, sued Schapiro for |
| have to refer the case to a lawyer who is | | | | malpractice. Mr. Wagner had been injured in a |
| licensed to practice law in Washington. | | | | car accident and had responded to one of Mr. |
| | | | Schapiro's television ads. Mr. Wagner alleged |
| **A lawyer who purchases full page ads in the | | | | that he had incurred medical bills of |
| yellow pages, or pays for slick T.V. | | | | $182,000 but that Schapiro's firm advised him |
| commercials, does not necessarily mean that | | | | to accept a settlement of only $65,000 from |
| the lawyer is super successful. Some lawyers | | | | the driver and then promised that he could |
| who pay for such advertising operate a | | | | get more money by filing suit against the |
| "volume practice" for the purpose of making | | | | state of New York. It turned out that the |
| just a little money on the numerous cases | | | | state had no liability for the accident and |
| that are generated from the ad. Many times a | | | | Schapiro never pursued Mr. Wagner's case |
| "volume practice" attorney tries to settle | | | | further. |
| all or most of the cases to earn the most | | | | |
| amount of money in the least amount of time. | | | | In a video deposition, Jim Schapiro testified |
| The only time you may see this lawyer is if | | | | that he had never tried a personal injury |
| his face appears in the ad! | | | | case in court and that he had been living in |
| | | | Florida for the last seven years. Mr. |
| **Some lawyers who run big ads to fill their | | | | Wagner's attorney also discovered that |
| "volume practices" will rarely even work on a | | | | Schapiro's Rochester law firm staffed just |
| case. These lawyers farm out every aspect of | | | | one lawyer who had only tried four cases. A |
| the case to a paralegal or legal assistant. | | | | New York jury found that Schapiro had engaged |
| The only time the lawyer may even look at | | | | in misleading and deceptive advertising and |
| your case is after it has settled and the | | | | that he committed malpractice. Schapiro was |
| lawyer wants to collect his fee! | | | | ordered to pay $1.5 million to Wagner. |
| | | | |
| **Be cautious of lawyer ads that create | | | | Consequently, in 2004 Schapiro was suspended |
| unjustified expectations. For example, if the | | | | for practicing law for one year by the State |
| lawyer advertises that he can obtain "Fast | | | | of New York. In 2005, Schapiro was then |
| Settlements in 30 Days" he probably never | | | | suspended from practicing law in Florida for |
| goes to trial and settles cases for far less | | | | one year. In 2004, four additional clients |
| than what they are actually worth. In most | | | | sued Schapiro alleging that he had engaged in |
| cases, good settlements take time and effort. | | | | misleading advertising and had committed |
| | | | malpractice. Thereafter Schapiro stopped |
| **Sometimes the lawyer's advertising can | | | | practicing law and instead now writes books |
| negatively affect your own case. If your case | | | | for injury victims. |