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Buyer Beware: What You Need To Know About Lawyer Advertising

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




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