Lawyer Advertising Issues

Posted by Carroll Trosclair Mar 27, 2008

Attorney advertising ranks with political advertising as one of America’s most sensitive and controversial marketing tools. They share many characteristics and are tough to produce well.

First, both the political and attorney ads are usually "I" ads, meaning they promote one person. They don’t have to be that way, but for many reasons most of them are, making them difficult to produce without sounding self-centered, vain and boastful.

Attorney Ads Are Controversial by Nature

Second, they are by nature controversial. Both the politician and the lawyer are usually against someone or some group. The politician is trying to defeat an opponent. The lawyer is usually trying to beat the district attorney’s office, an insurance company, some other big business or a government agency.

Both political and attorney ads are often attack ads, which voters say they dislike, but which consultants say are necessary and effective.

Lawyers Often Tackle Popular Causes

They are often taking on issues that are unpopular with a large part of the viewing or listening audience. The politician may be tackling a popular incumbent or political party or may be challenging a popular policy. The lawyer may be offering to represent criminals, attacking well-respected companies or soliciting clients for a class action suit.

When you wave all these red flags in front of trial lawyers, corporate attorneys, government agencies, bar associations, judges, consumers and marketing consultants you’re likely to generate a lot of debate, and that’s what we see in Attorney Advertising Rules.