Huckster & Finagle

On June 27, 1977, the United States Supreme Court issued a landmark opinion in the case of Bates vs. State Bar of Arizona. The case essentially legalized advertising by lawyers. Until that date, lawyer advertising was strictly verboten. Advertising of any kind – could result in sanctions. Television advertising began in the mid-1980’s when local bar associations began dropping the ethical guidelines that regulated self-promotion.

That said, “solicitation” of clients remains taboo under Rule 7.3 of the American Bar Association. It is not appropriate if the objective is “pecuniary gain.”

Today – the law firms of Huckster & Finagle as well as Sue, Grabbit & Runne compete for business on television and radio. They promise money money money. The lawyers who advertise are the ones who want to file lawsuits. And urge taking legal action against someone. Plaintiff lawyers. You rarely see defense lawyers offering to help. Never a corporate lawyer offering to represent a business.

As a lawyer (now retired), I am disappointed by the undignified and unprofessional commercials that we see today. There have been articles on the subject of lawyer advertising/solicitation. There may be a few “good” reasons for allowing it but for the most part the results are “bad” and “ugly.” Guess who gets sued? Doctors. Drug companies. Businesses. Truckers. Saturday Night Live had a great depiction of lawyers who advertise. Check out https://youtu.be/Jzl7K8xIFQ4?si=Fb_RpGcDapoEO7fe What do you think?

2 thoughts on “Huckster & Finagle

  1. Stoney's avatar Stoney

    Exactly right, but the other side of the coin is that defense lawyers benefit by defending those cases and not having to pay the advertising costs. As an aside, you should see the billboards and Morgan and Morgan TV commercials here in Florida, or maybe you have. Our insurance costs are among the highest, partly because we’re old and partly because many of us shouldn’t be behind the wheel. The Publix parking lot is daily mayhem.

    S.

  2. Gregg's avatar Gregg

    Not only are the ambulance chasers flooding the airwaves with their endless promotions, they are now telling us they can get us money which other law firms can’t. One firm claims they always go to trial while other lawyers won’t take your case to trial. That is misleading and dishonest. They also talk about jury verdicts they’ve received, leaving out the fact that many “jury verdicts” are reduced by a court or later settlement. Somebody needs to advertise about the consumers’ costs of such litigation. It’s a falsehood that big companies pay out their money. Eventually, the costs are passed to consumers. A good example is the percentage of a ski lift ticket which everybody pays because people fall down while they are skiing.

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