Legal Ethics and Marketing

The New York State Bar Association is waging a war against lawyer advertising by -- advertising. As part of a radio campaign to address law related issues, known as the "Beacon of Justice," the commercial begins by asking listners if they "feel bombarded by lawyer advertising." It goes on to state that "billboards and the Yellow Pages don't necessarily provide the information you need."

The commericial is part of an initiative led by bar president Vincent Buzard to address issues of lawyer advertising. In addition to the radio spots, Mr. Buzard has appointed a task force, which has suggested lawyer ads be screened by the state, among other restrictions.

Twenty-plus years ago, bar associations turned to institutional advertising to raise the esteem of lawyers and help people understand the role that lawyers play in society. The campaigns were successful as long as they ran, but had no lasting impact. They were too expensive to sustain and fell by the boards. Both the Illinois State Bar and the ABA have run image campaigns in recent years, but again found them to have too little bang for the buck. But a bar association going after its members who reach clients through the Yellow Pages seems to be unique.

As for the task force, it will be interesting to see what problems it hopes to address and whether it can structure remedies that provide solutions without limiting the ability of law firms, large and small, to effectively reach their markets.

I've been commenting on the NYSBA public relations campaigns and on Mr. Buzard's crusade against advertising for the past couple of years. Buzard has stated that he hopes to limit lawyer advertising "to the fullest extent permitted, within the limitations of the First Amendment." [see http://blogs.law.harvard.edu/ethicalesq/stories/storyReader$3808 ]

My response to the NYSBA's 2004 Ad Campaign (announced on April 1, 2004), seems relevant again this year:

From my perspective, as a consumer and citizen of New York State (and former member of NYSBA), the spots quoted above can only serve to make the public more cynical about lawyers. The campaign does nothing to address the public's main complaints about lawyers and the justice system they have constructed and manipulated for their own purposes.

Imagine, instead, a radio campaign informing consumers that they can negotiate the size of contingency fees, and that the local "standard fee" is the maximum allowed. Or, consider airing spots reminding the public that Small Claims courts can provide civil justice without using lawyers, and now allow dollar limits up to $5000. Such ads -- serving the public's interests rather than the profession's -- would improve the image of lawyers. As would using the $25,000+ spent on the campaign to increase self-help resources available at courts, or at the NYSBA website, instead of touting the virtues of lawyers.

Until their ads are truly "public service" in nature, rather than mere "public relations," NYSBA and other bar groups across the nation should at least have the good sense to announce their "educational" campaigns on days other than April First. [see http://blogs.law.harvard.edu/ethicalesq/2004/04/03#a1150 ]