Cable Television Ads

Whenever there is actual or proposed litigation involving a drug or product, a nationwide campaign by certain out-of-state law firms start a proliferation of ads on cable television soliciting the cases with the usual promises of easy money.

Most of these ads are designed to acquire as many cases as possible in order to place them in an actual or proposed class action where a race is always on in order for some firms to be on the plaintiffs committee where members receive the biggest share of any attorney’s fees.

Ads for Xarelto, Pradaxa, mesh screen, 1BC Filters, opioids, birth control devices, etc. are some of the current attempts to solicit as many potential lawsuits as possible throughout the United States.

The small print that moves quickly across the television screen at the bottom usually solicits the cases for law firms in Texas, California, Mississippi, etc. To date no Tennessee law firms have openly engaged in this form of cable television advertising that are shown in the Chattanooga market.

Some put a required disclaimer at the bottom that they do not suggest that they provide better legal services than other law firms “but some offer promises of how easy it is to receive compensation without going to court” is another example of advertising that goes beyond the original intent of the United States Supreme Court decision in 1978.

Having a local attorney you can reach and personally talk to when you have a potential case is a better alternative than calling an 800 number and get a sophisticated call answering service.

I encourage you to buy local products and hire local, reputable attorneys!

Morgan and Morgan Invades Chattanooga

Having already established satellite offices in Memphis and Nashville, Orlando, Florida, based advertising giant has indicated an advertising campaign in Chattanooga.

            On February 11, 2018, the firm displayed an ad on John Wilson’s Chattanoogan.com website advertising that they now had forty offices in eleven states and were the law firm “For the People.” No mention was made as to whether the firm that nationally advertises on all forms of media is planning on establishing a permanent Chattanooga office.

            With its patriotic slogan of “For the People, Not the Powerful” the firm claims to have 350 lawyers and a staff of support personnel of nearly 2,000 employees and has helped more than 100,000 clients nationwide.

            They have already launched a nationwide campaign on cable television soliciting mesothelioma cases along with 5-6 other out-of-state firms.

            How long will it take to set up a satellite office in the Dynamo of Dixie (formerly Chattanooga’s title) in order that the citizens of our fair city be saved from the incompetent 1,200 lawyers who have practiced here all their lives? (Pun intended)

            The media advertising market may become even more saturated when the big boys from Orlando come to Choo Choo City.

I encourage you to buy local products and hire local, reputable attorneys!

Who Loves Advertising Lawyers?

The above title is probably a misnomer!  It should read who loves deceptive advertising lawyers!

1. Injured plaintiffs who are desperate for money and are sucked in by glitzy commercials with promises of quick settlements.  The fact that their case if handled by a competent respected trial lawyer who has a good reputation can be worth much more than the quick offer of a settlement is overlooked;
2. Insurance defense lawyers who look good in the eyes of the insurance company claims adjusters when a case is settled by an advertising lawyer well below its actual value;
3. Insurance companies who are able to reduce their defense costs to insurance defense lawyers who settle the cases with advertising lawyers below the true value and therefore reap increased financial benefits to the stockholders of the company as increased;
4. Ad agencies, radio, television, website creators, newspapers, billboard companies and “Best of the Best 1200” sellers of plaques and listings are also reaping the benefits in excess of 1 billion dollars annually for producing the often deceptive commercials;
5. Paid actors who falsely represent that they were seriously injured and that a particular lawyer obtained a substantial settlement for them (they never say verdicts or final judgments).

            There are others who benefit from lawyer advertising, but these appear to be the most lucrative recipients.

I encourage you to buy local products and hire local, reputable attorneys!

Good Public Work by Lawyers

When the Hamilton County District Attorney’s Office recently indicted fifty-four defendants on the violation of the Reckless Enterprise and Reckless Conspiracy laws of the State of Tennessee, it became readily apparent that the pool of attorneys who normally accept appointments in Criminal Court would be depleted.  Several firms were conflicted out of handling some defendant’s cases because of prior representation of many of the accused.

            Judge Tom Greenholtz called upon members of the Chattanooga Bar for volunteers to participate in the defense of the defendants in this high profile case.

            Several law firms that normally do not practice criminal law quickly responded to the judges request and accepted appointments to represent the defendants to comply with the federal and Tennessee constitutional provision of providing legal counsel to indigent defendants at a much lower hourly rate than they normally charge in their civil practices.

            Noticeably absent were the television advertisers who proudly boast their commitment to their clients and the legal profession in their commercials that permeate the media in our area on television, radio, billboards, Carta busses, websites, newspapers, etc.

I encourage you to buy local products and hire local, reputable attorneys!

Lawyers Jokes

In 1996 a law professor addressed a meeting of the International Society of Barristers and listed seven examples of lawyer jokes and discusses what those examples of humor said about lawyers and lawyering:

      I.         PERCEPTIONS ABOUT LAWYERS

            Q: What’s the difference between a dead lawyer in the road and a dead skunk?

            A: There are skid marks by the skunk.

    II.         A CARING PROFESSION?

            Two balloonists are floating over the countryside in a hot-air balloon on a summer’s day.    Storm clouds move in, and the balloon is blown off course.  When there is a gap in the            clouds and a town appears below, the balloonists lower the balloon, and one of them           shouts at a man on the street below:  “Where are we?...Where are we?” “You’re in a      balloon.”  The balloonists look at each other, and one says: “That man is a lawyer.  His     answer was entirely correct but revealed absolutely nothing.”

  III.         PARTISANSHIP AND CLIENT FRAUD

            Q: Why did the research scientists substitute lawyers for rats in his laboratory          experiments?

            A: Lawyers breed more rapidly, they are less likely to become emotionally involved, and     there are some things that rats just won’t do.

 IV.         AN UNPRODUCTIVE AND PARASITIC ACTIVITY?

            Q: How can we solve the trade deficit with Japan?

            A: For each Japanese auto imported to the United States, we export one American lawyer    to Japan.

   V.         LITIGIOUSNESS AND FRIVOLOUS SUITS

            Q: How many lawyers does it take to change a light bulb?

            A: Three.  One to climb the ladder and unscrew the bulb, one to shake the ladder, and one   to sue the ladder company.

 VI.         TOO MUCH LAW, TOO LITTLE JUSTICE?

            In an L.A. Law episode, a friend jokingly asked Arnie Becker, “How are things in the         justice biz?” Arnie, prepared by the initiation rites of law school and a number of years   in the legal trenches, had a trenchant response: “Friend, you’ve got it wrong.  We’re not      in the justice business.  We’re in the law business.”

VII.         SOCIAL CONTRADICTIONS ABOUT LAW AND LAWYERS

            Why is there always a secret singing

            When a lawyer cashes in?

            Why does a hearse horse snicker

            Hauling a lawyer away?

            Can we as a profession look into the mirror and candidly state that legal advertising has advanced the image of our profession and eliminated or reduced the negative reflection on lawyers?

            The author concluded with the statement that “lawyers are a hard headed and unlovable breed but they are survivors, and society needs them.”

            Have we improved the public’s attitude towards our beloved profession in 22 years?

I encourage you to buy local products and hire local, reputable attorneys!

Tennessee Jury Verdict Reporter II

            As expected, last week’s “Silly Blog” evoked both praise and criticism for the reporting of the statistics in the above publication.  This offspring of my old legal acquaintance, Louis Laska, lists cases resolved in the personal injury field in Tennessee Circuit Courts from 2005-2017.  It is no certifier of whether the results are indicative of the true strengths and weaknesses of any particular case.  It does not include any factual figures about the adequacy of any settlements which is the area wherein I have ruffled the feathers of certain lawyers claiming to specialize in personal injury cases.  It also does not deal with the issue of deceptive and/or misleading dissemination of information to the group most entitled to the truth—the injured victims or their deceased relatives.

            However, if you can accept the statistics as being correct as reported by the “Circuit Court Clerk’s” as I do, it is one indicator that may address the accuracy and truthfulness in the field of lawyer advertising.

            The crux of my position is that as long as the courts allow lawyer advertising, although much of it is deceptive and misleading, I will hold my nose and tolerate it, although I disapprove of the unintended expansion of what “was to be limited to name changes, uncontested divorces, uncontested adoptions and simple bankruptcies” in the 1978 decision by the United States Supreme Court.

            If you agree with what I have been saying in these articles please pass them onto your client bases, friends and acquaintances. 

            You may be taking a positive step in elevating the poor image of the trial lawyers in our society.  I promise I won’t try to steal any of your cases and will give you and your firm proper credit.

I encourage you to buy local products and hire local, reputable attorneys!

Non Deceptive Newspaper Ads

           At the risk of being criticized for discussing deceptive ads in the Chattanooga area I would like to mention three ads that I do not think violate the provisions of the United States Supreme Court decision in 1978 which authorized the publics “right to know” on a limited legitimation of lawyer advertising.

            Attorney Richard (Dick) Teeter after the Bates decision started running an ad in the legal Chattanooga newspaper offering his legal services for uncontested divorces for $95.00.  Although his fees have increased to $345.00 over the years they still comply with the original intent of the Supreme Court to offer legal services for a reasonable price to the general public.

            A few years ago I asked competent civil and criminal attorney Dan Ripper not to run a rather bland article in the Chattanooga News Free Press stating he was interested in handling criminal cases.  I have since apologized to Dan for my request in light of the exaggerated and deceptive ads now prevalent in the personal injury field.  Dan has since been joined in his short ad by Amanda Dunn, an up and coming criminal and civil lawyer wherein they make the simple statement “Defending Your Rights” and tell how to reach them at their office.

            Grant, Konvalinka and Harrison is one of Chattanooga’s largest and best qualified law firms.  Occasionally they will conduct a free Estate Planning Workshop open to the public to attend and learn about Wills and Trusts in the probate field.  Their ad in the Chattanooga News Free Press simply states the holding of the seminar and its availability to the public and where and when it will be held.

            The advertisements of these three Chattanooga law firms are examples of what I believe the United States Supreme Court meant in 1978 when they allowed limited lawyer advertising.

            They do not include exaggerated or deceptive claims about the records of the law firms primarily in the personal injury field.

I encourage you to buy local products and hire local, reputable attorneys!

Tennessee Jury Verdict Reporter

An unidentified lawyer gratuitously sent me the above one inch thick 2017 volume which purports to list all jury verdicts from 2005-2017 in the State of Tennessee.

            Since we are daily bombarded by the five-six law firms on their radio-television commercials expressing what great trial lawyers they are I decided to check out their records on jury verdicts.

            Starting with the longest running lawyer advertising team, the firm claiming to have Inside Information, the record shows that the number two member of the firm went to court in 10 cases, with 7 being car wrecks and lost 5 of the 10 cases during this period.  A $150,000.00 verdict was obtained in Davidson County and in Hamilton County the largest verdict was $50,000.00.  The other member of the firm was more active as he allegedly tried 23 cases, winning 17 with a high verdict of $125,000.00.

            The self-appointed “Best Law Firm” in the Chattanooga Times Free Press poll reported only two defense verdicts for one attorney and the other superstar had two cases that he tried and lost both.

            The guy you have “got to get” to represent you lost two car accident cases from 2005-2017.

            The biggest billboard advertisers from Birmingham, Alabama, listed three FELA (Railroad) cases with verdicts between $172,000.00-$200,000.00 but no Hamilton County cases.   Two verdicts are from Shelby County and one from Knox County.  When those verdicts were obtained is not listed. Since they have only been spending their million dollar advertising campaign on television and billboards for about two years they may not have had time to get cases to trial.

            The “Had a wreck, need a check” lawyer from Huntsville, Alabama, has entertaining commercials but no reported jury verdicts during the reporting period and no lawsuits ever filed.

            Lastly, the dog loving firm that has two self-acclaimed champions of the injured has tried a total of one case from 2005-2017 with a jury verdict awarding their client $4,000.00.

            Each of these law firms have settled many cases that they acquired primarily though the power of advertising campaigns.  Does it accurately reflect their legal talents or does it suggest puffing and deception?

            Do these results match the glowing self-serving commercials expressing their ability to cause insurance companies and civil defense lawyers to cringe and cave in to their demands?

            The bigger question is whether clients are receiving full value of their cases when the other side (defense) knows that in the vast majority of cases they want a fast settlement to resolve the cases without expending a lot of time and expense to get the maximum recovery for the client?

            Below are their records as recorded in the Tennessee Jury Verdict for the years 2005-2017!

I encourage you to buy local products and hire local, reputable attorneys!

Dollars for Docs

            I am digressing from my usual weekly feature dealing with lawyer advertising to make you aware of a report that might not only surprise you but may also provide some interesting potential cross-examination material when dealing with physicians, hospitals, drug companies or medical device companies.

            Pharmaceutical and medical device companies are now required by law to release details of their payments to a variety of doctors and U.S. teaching hospitals for promotional talks, search and consulting, among other categories,

            The report covers the period from August 2013 to December 2015 and can be found by clicking on this link.

            Interesting statistics reveal that 1,074 Tennessee doctors in Chattanooga received part of the 172 million dollars paid statewide by Big Pharma and medical device companies.  Also a statewide total of 15,627 doctors got money from the two medical industries. Check on your hometown and see who is getting the money!

I encourage you to buy local products and hire local, reputable attorneys!

The Rant- Lawyer Advertising

The Chattanooga Times Free Press has a column titled “The Rant” in the Perspective Section (E) in each Sunday’s edition of the paper where readers are asked to tell the paper in 25 words or less about “something on their mind.”

            The February 25, 2018, group of comments had an interesting rant that may suggest some public concern about the present blitz of lawyer advertising primarily in the personal injury and bankruptcy areas although divorce and criminal law solicitors have become part of the self-laudatory hustle for cases.

            It states: “If lawyers could not advertise the local TV stations would be bankrupt.  How did our world get so lawsuit crazy?  Only lawyers win in court!”

            The Ranting citizen is correct, except he left out radio stations, newspapers, social media and the 1,200 Best of the Best lawyer listings that cater to the paranoia and greed of the legal community to shore up their declining financial budgets with often incorrect, misleading, and deceptive tactics that overstate the ability of many of the lawyer advertisers to the detriment of the public.

            To answer the “lawsuit crazy” question in the Rant the United States Supreme Court in 1977 ruled that the legal community could advertise for the public’s right to know which would allow lawyer advertising in the “limited areas of uncontested divorces, uncontested adoptions, simple personal bankruptcies, and name changes.

            With this naïve opinion by Justice Harry Blackmun Pandora’s Box was opened!

I encourage you to buy local products and hire local, reputable attorneys!

Lewis Grizzard and Lawyer Advertising

The late comedian and humorist, Lewis Grizzard wrote in one of his columns in 1993 about his disdain for the lowering of standards of advertising on television stations in the Atlanta area.  He made a list of his most despised television commercials which included automobiles, cereals, feminine hygiene products, diarrhea and constipation, perfume and cologne, pet food, and hair commercials.

            Using his gift of sarcasm, he attacked the content of each commercial that led to his dislike of being exposed to each product.  The legal community was not spared from his distaste.

            “Every ambulance chaser in the county has his or her television commercial.  The law firm of Loophole and Whiplash will sue anyone, living or dead, for the low, low cost of $29.95 (or 33 1/3%).” “Judge Wapner is our first cousin by the way and we’ve read all the John Grisham novels.  Trust us.”

            Lewis would have loved the “Texas Law Hawk” or “Charles Pitman” or the “Best of the Best!” 

The Best Attorney in America!

This week’s mail brought another invitation to become a member of another one of the legal communities “1,200 Best Attorneys Lists in America," which describes applicants on their membership website as a premier online directory for quality attorneys like me!

            For a one-time down payment of $1,000.00 I will become part of a select group of the First 100 Lawyers in Tennessee to be accepted to pay said sum in the state! (WOW!)

            This will designate me as a Best Attorney Lifetime Charter Membership which will distinguish from a Best Attorney 2018 Membership which costs annual dues of only $500.00.

            If I want to avoid hurting anyone’s feelings in my firm who has not been asked to qualify for the rigid membership requirements of sending in a self-nomination form I can please everyone by becoming a Best Law Firm’s Lifetime Membership by sending in a check for $2,000.00 for a 1-5 member firm, $3,500.00 for a 6-10 member firm, and $5,000.00 for an over 11 member firm.  If we want to just pay the 2018 Annual Membership Dues you can join by paying $1,000.00, $1,750.00, or $2,500.00 for each of the above categories for the year.

            Supposedly submitting a self-serving application will “let you celebrate your success as a professional through our greater visibility of our prestigious accomplishments through our membership in Best Attorneys of America.”

            Of course we will get a plaque along with a membership logo-badge for use on our website, social media, and similar purposes. 

            Of the four metropolitan cities in Tennessee only two attorneys in Knoxville and two in Memphis have succumbed to the chance to self-glorify themselves by paying $1,000.00 to join this highly selective organization.  Apparently the other 20,000 plus lawyers are missing a great opportunity.

            One has to wonder what Justice Harry Blackmun who wrote the opinion in Bates v. State Bar of Arizona in 1977 and stated that lawyers “could advertise their availability of services for uncontested divorces, uncontested adoptions, simple personal bankruptcies, and changes of name,” would think about the current billion dollar industry in attorney media advertising.

            Please hurry and send in your application (and check)!  There are only 96 remaining vacancies in the Top 100 in Tennessee list. 

I encourage you to buy local products and hire local, reputable attorneys!

Lawyers of Distinction Listing

Lawyers of Distinction is an online legal directory and is one of the 1200 “Best”__??__listing groups now in existence under another name.

            It claims to be limited to the ten (10) percent of the lawyers in the country who apply for consideration and pay the membership fee of $425-$775 per year plus the opportunity to purchase additional glass plaques at the cost of $100 per plaque or $175 per glass statue.

            The rather vague reference to their Selection Process is governed by a committee comprised of five lawyers and one non-lawyer.  An attempt is made to appeal to the in-depth review of a candidate’s legal credentials which can be actually submitted by the candidate themselves or by a fellow attorney.

            It suggests that all of this extensive review is designed to pick the top 10% lawyers in the country.  Tennessee has over 18,888 licensed attorneys which, based on a population of 6,651,940 indicates one lawyer for around each 10,000 citizens.  In the entire country, there are 1,315,516 attorneys.

            It is a pretty non-exclusive group as there are eighty seven (87) categories

that anyone can list as an area of interest and Chattanooga’s membership consists of one (1) lawyer in Family and Divorce Law and one (1) in Educational Law.

            So far, only 16 Tennessee lawyers have chosen to pay for the honor of contributing a yearly fee ranging from $475-$775 per year.  With your payment, you get a customized 12 x 15 inch genuine cherry wood plaque for $475 per year plus a 10 inch tall translucent personalized crystal statue for $775 per year.  Other benefits allow you to purchase additional copies of the above for $100-$175 each.  Use of their logo for your website, discounts at Avis car rentals and several hotel chains are included.

            Website and advertising listings identifying the attorney as a “Distinguished Attorney” in the American Bar Association Journal, New York Times and U.S.A. Today are also parts of the listed benefits.

            Each category has an “Apply for Consideration” space which means the attorney can nominate themselves to be included in the top 10% in America.

            It also claims that 97% of all U.S. attorneys have Avvo profiles and how you can distinguish yourself and increase that rating with your Lawyer of Distinction category.  Avvo strengths and weaknesses have been discussed in a previous article of the Truth in Lawyer Advertising.com blog.

            The self-promoting website listing also contains a quasi-disclosure stating that the Lawyers of Distinction “designation is based upon the proprietary analysis of the Lawyers of Distinction organization alone and is not intended to be endorsed by any of the 50 United States Bar Association or The District of Columbia Bar Association”.

            It appears that there is plenty of room in the “Distinguished” membership in Tennessee if you want to be included in the Top 10%.

            How can an attorney get this designation?  Just fill out on online application, get a couple of buddies to recommend you, pay the selected membership fee and you will probably be granted the privilege of claiming you are in the top 10%.

P.S.     On January 12, 2018, Mockingbird Marketing made an announcement congratulating Lucy Davis for becoming a Lawyer of Distinction.  Lucy’s application was accepted although she is a four legged canine!  Whether she is qualified to compete with the Chattanooga Law Dogs is yet to be determined.

I encourage you to buy local products and hire local, reputable attorneys!

New Year’s Resolution and Hopes for 2018

When I started this “Silly Blog” six months ago, I decided that I would take “hard but fair” shots at the out-of-town lawyers taking cases away from local lawyers and to address some of the ads by the local law firms engaged in the media advertising areas of radio, television, websites, and billboards.  If we felt their ads came close to being “deceptive” as allegedly banned by the limited holding in the 1977 United States Supreme Court decision allowing lawyer advertising we have addressed their claims.  Said opinion by a 5-4 vote was meant to be at a higher ethical level than that is often displayed in the 1 billion dollar yearly windfall to the media advertising industry in legal advertising.  Justice Blackmun’s misguided statement that the judicial and legal communities would insure that deceptive advertising would be controlled has not been implemented:

1.     In spite of my outdated belief that the practice of law is still a “profession and not a business” I will continue the “Silly Blog” as defined by one of the largest spending media law firms touting their talents.

2.    Hopefully the Tennessee Supreme Court will readdress the rules on lawyer advertising that allow out-of-state law firms to avoid identifying themselves as being from out-of-state.

3.    Hopefully the local and state bar associations will take stands through the media to recommend that local lawyers are just as capable to handle the personal injury, social security, bankruptcy, and divorce cases as those that set up a small satellite office in Chattanooga or other municipalities.

4.    Hopefully the media lawyers will exercise some restraint in their solicitations to the public as to their qualifications, verdicts, and settlements.

5.     That while lawyer advertising is legal, the professional image of lawyers deserves more than the exaggerated boasting of qualifications and accomplishments, representing that getting insurance companies to settle cases is often not difficult, and soliciting cases in a fashion that adversely affects the image of the legal profession.

            Happy New Year from the Silly Blog and Jerry Summers

I encourage you to buy local products and hire local, reputable attorneys!

What Can We Expect for Holidays?

As we approach the Yuletide Season I look forward with great anticipation as to how the media advertisers on radio, television, billboards, newspapers, etc. will display their concern for the victims of automobile, school bus and tractor trailer accidents in the Spirit of Thanksgiving, Christmas and New Year’s:

1.     Perhaps they will start the holidays with a generous $25.00 donation to the less fortunate persons at the Community Kitchen for the homeless who probably don’t have an automobile, ride a school bus, or travel on the freeways in danger of getting hit by a tractor trailer;

2.    Can we expect a lawyer from Alabama dressed up in an Elvis outfit riding in Santa Claus’ sleigh as he delivers presents to injured victims of traffic accidents?  Hopefully “Santa won’t have a wreck so he won’t need a check.” 

3.    Who will be the first media “railroad derailment” law firm to espouse their expertise in the tragic Tacoma, Washington Amtrak accident by standing on top of a railcar and subtlety soliciting death cases before the victims are buried or the injured released from the hospital? 

4.    Will the new male divorce firm from St. Louis go after any errant wives caught kissing a fellow male employee under the mistletoe at the traditional holiday party?

5.     During the “reason for the season” can we expect Bible verses from the “Best of the Best” in the legal community expressing their concern for the injured in traffic accidents that need their expert legal advice?

6.    And, will the 99.5% of reputable non-deceptive lawyers continue their efforts to obtain legal justice in the best interests of their clients without resorting to expensive media costs that benefit mainly advertising agencies and the minority of legal advertisers?

            Happy Holidays from the non-television, radio, billboards, or newspaper advertising Grinch from Chattanooga.

I encourage you to buy local products and hire local, reputable attorneys!

Billboard Boys from Birmingham- Wettermark Keith

The biggest purchaser of billboard space in Hamilton County is the Birmingham, Alabama, based law firm of Wettermark Keith.  As previously reported by Kantar Media they spent $1,125,600 in 2016 in the Chattanooga advertising market primarily on ads and television commercials.

            Although they do state in the small print at the bottom of their ads that “they do not represent that they provide legal services of a quality greater than any other lawyers” they are quick to list verdicts and settlements they have accumulated in other jurisdictions.  They state they now have offices in five states including Alabama and Tennessee.  As of October 2017, they have not listed on any form of media that they have obtained any large settlements or verdicts in Hamilton County.

            According to lawyers who have dealt with James Wettermark they state that he is a good trial lawyer who early in his career primarily represented railroad workers under the federal F.E.L.A. statute.  He has a good record of substantial settlements and verdicts over the twenty-five years he has been in practice.

            However, the question remains!  Are there no local attorneys who do not possess the same level of trial skills as an out-of-state law firm that operates a small satellite office in Chattanooga?

            A second question is whether their results in mostly other states are comparable to the jury verdicts and settlements in Hamilton County, Tennessee?  Their website does list one medical malpractice verdict in Middle Tennessee several years ago but gives no specifics.

            Lately they have started a television campaign but still do not mention that they are headquartered in Birmingham.

            They presently appear to be the largest billboard purchaser of advertising space on the thoroughfares into and out of Chattanooga.

I encourage you to buy local products and hire local, reputable attorneys!

Who Are Out-of-Town Law Firms Soliciting Law Cases in Chattanooga, Knoxville?

For whatever reason Chattanooga has become a lightning rod for competition for getting personal injury cases and lawyer advertising has evolved into a battle between several local and out-of-state television, radio, billboard, and other media advertising venues.  I will identify and comment on them individually in future articles.

The first foreign law firm to go on local television was Charles Pitman ("Had a wreck, need a check?") of Huntsville, Alabama, who started his television and billboard campaign right out of law school with some financial assistance from his former father-in-law.

Charles Pitman has invaded the Chattanooga “billboard and television market” in a big way spending $762,900.00 in 2016 to solicit primarily automobile cases from a small office on Shallowford Road in Chattanooga.

Charles Pitman started his legal career in 2008 after he passed the Alabama Bar Exam.  He is not licensed in Tennessee and his current state local counsel is Herron Bond whose law license indicates he was admitted to the practice of law in Tennessee in 2014 and has an office in middle Tennessee.

Pitman does not claim to be a trial lawyer but emphasizes fast settlement with his catchy phrases suggesting quick results.  Pitman’s website contains vague reference to his associates experience and courtroom experience.

Unfortunately his website makes little reference to his educational background, trial experience, and jury verdicts.  One of the themes he pushes in his television ads often adorned in a Superman cape is that we “may be able to keep you out of court.”

This statement suggests a philosophy that displays a reluctance to fight insurance companies in court which will guarantee much lower settlement offers and less protection of clients rights to receive adequate compensation for their injuries.

His law office in the Chattanooga, Nashville, and Knoxville locations are small but equipped with modern communication equipment.  A call to the telephone number at any hour goes to a central answering service clerk who attempts to obtain basic information about your case.  No representation is made as to whether the call is being handled by a local Tennessee office or being rerouted to a central office.  A small first floor office is in the Shallowford Road area of Chattanooga constitutes the Pitman firms location.  

The issue exists as to whether those parties receive fair and just compensation under the legal representation of Pitman and his high-cost advertising competition benefits the client, Pitman, insurance companies, insurance defense lawyers, or the media advertising agencies?  

In 2015 Pitman and his ex-wife underwent an expensive and entertaining divorce in the Madison County Circuit Court in Huntsville, Alabama, before Circuit Judge Chris Comer.  The testimony revealed that Pitman was worth about $7.7 million in the February divorce proceeding and indicated that Pitman spent $1 million dollars on cars in one year and enjoyed a luxurious lifestyle.

Whether the continued cost of the divorce which includes $6,000 a month in child support, $10,000 a month in alimony for 5 years, and an additional $1.1 million in alimony over 8 years to his ex-wife in any way pressures Pitman to increase his advertising budget or settle cases cheaper than full value is yet to be determined in each individual case.

One Chattanooga lawyer after reading a news account about Pitman’s domestic problems flippantly remarked: “Sounds like his marriage was a wreck, now he needs a check!!  

I encourage you to buy local products and hire local, reputable attorneys!

Deception Knows No Time Limits

When I started this blog I decided to add a little historical humor to include advertisements that were both humorous and deceptive.  I received a favorable response and will include some more in the future if the trademark rights have expired. 

    However on a recent trip for a meeting of the fellows (and gals) of the American Board of Criminal Lawyers I discovered that potential “deceptive” practices are still in vogue in 2017.

    After unsuccessfully completing my airlines crossword puzzle, I skimmed through the rest of the magazine and came across a “clinically approved” baseball cap that would allow the user to regrow hair for both men and women in a dignified manner.  At age 76 there isn’t much I can do that requires me doing any task in a dignified manner so I was heartened to read further and discovered that the protector of the public from all dangerous products and pharmaceutical drugs the Federal Drug Administration (FDA), had “cleared” the hat device for “safe use” and I could use the product safely.  However the initial price of slightly under $800.00 for the cheapest model set me back so I have decided to make use of slightly cheaper shampoo products ($4.99/bottle) to try and hold onto my remaining hair before it turns loose. 

    I decided to get over my hair sorrows by ordering one of the New York Bronx Stromboli sandwiches loaded with 2,500 calories at one of the airport terminals fast food eateries.  To offset the dietary abuse of my senior body I purchased a bottle of water that had been filtered through the lava and volcanic rock from an island several thousand miles away from the mainland of California. 

    Having been declared that it was the “Earth’s finest water” by either the hand of God Joel Osteen or Revered Ike, I knew that it also had to be cleared by the FDA and gleefully plunked down my $5.00 to enjoy the anticipated quencher of my thirst and spiritual elation. 

    Another interesting example of the effect of advertising occurred when I was seated on a flight from Charlotte by a young lady who was wearing blue jeans with several holes in them.  When I inquired as to the price of the dungarees and told her that I used to buy a pair of Lee or Levi Strauss jeans (remember I am old) for $4.99 she sheepishly replied that her hole filled garments were on sale and only cost $50.00.  She quickly stated that hers were “stone washed” and my reply was that mine were “soap washed.” 

    Obviously deceptive advertising is not limited to the legal profession. 

I encourage you to buy local products and hire local, reputable attorneys!

Tennessee Needs More Lawyers?

With only 18,461 (2017) lawyers licensed to practice in the State of Tennessee, in a state with a verified population of 6,651,000 from the 2016 national census (up from 6,346,105 in 2010), we are in desperate need for new attorneys to be admitted to the Bar from both within and outside the State.

            With six law schools (Vandy, Nashville, Belmont, Memphis, UTK and Lincoln Memorial) graduating classes on a yearly basis, we must not be able to satisfy the perceived need for more legal eagles becoming practicing attorneys.

            The issue of allowing more out-of-state lawyers to do more than solicit cases on cable television or billboards with a small skeleton manual office is more complicated.

            However, the goal to further allow more foreign lawyers to bless the Volunteer State with additional legal talent to offset the under burdened and overpaid current 18,461 attorneys is now before the Tennessee Supreme Court on a petition by the Tennessee Board of Law Examiners to adopt the Uniform Bar Exam that has also been recommended by the American Bar Association (ABA) and has been adopted in 28 states.

            You have until January 5, 2018, in order to endorse the recommendation of the Uniform Bar Association (UBA) and to invite more Charles Pitmans, Wettermark and Keiths, and Morgan and Morgans into our community in order that they can contribute substantially to the economy of our state!

            Be sure to voice your support of the petition by January 5th!

I encourage you to buy local products and hire local, reputable attorneys!

Silly Blog Facts

Since I initiated the “Truthinlawyeradvertising.com” blog on May 31, 2017, there have been the following revelations.

1. Many lawyers have totally supported the blog while the only complaint has come from one of the three biggest spending solicitation advertisers who has graciously given us the name of “Silly Blog.”
2. Out-of-town and state law firms are actively soliciting business in the metropolitan areas of Tennessee in increasing numbers.
3. Most of the out-of-state advertisers have skeleton offices with limited staff and office space in each city and toll free numbers connecting to their main office in their hometowns.
4. To satisfy the licensed Tennessee attorney requirement, some out-of-state law firms have established associations with Tennessee attorneys that have a fulltime office in another area of the state.
5. Millions of dollars are being spent on social media advertising primarily through newspaper, television, radio and billboard advertising.
6. Most of the billboard advertisers do not mention their main offices are out of state.
7. Local bar associations have taken minimum or non-existent roles in encouraging parties seeking legal counsel to employ local counsel to represent them in legal matters.
8. The Truth in Lawyer Advertising.com blog has been publicized through the Chattanooga and Tennessee Bar Association memberships, the Tennessee Trial Lawyers Association, and word of mouth to approximately 15,000 attorneys.
9. The fighting between local and out-of-town advertising law firms has resulted in increased spending in their budgets for television-radio-billboard time and space.
10. One of the big time advertisers has now taken a more subtle approach to their advertising by stressing “professionalism” which our office has used for several years on our firm website at www.summersfirm.com.
11. The public is becoming increasingly frustrated with the constant solicitation commercials on radio and television.
12. The field of lawyer advertising has expanded from personal injury to bankruptcy, social security, divorce and criminal law.
13. Local and cable television solicitations contain disclaimers in fine print that are too small to read but contain the language required by out-of-state governing bodies on lawyer advertising.
14. Millions of dollars are being taken out of the local economy by out-of-state law firms through social media.
15. Millions of dollars are also being taken away from the vast majority of non-advertising (99%) attorneys who do not hold themselves out as “experts” but who can capably handle the personal injury social security, bankruptcy, criminal law, etc.

I encourage you to buy local products and hire local, reputable attorneys!