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