Another Raulston Schoolfield Prophecy

In 1974 Raulston Schoolfield was campaigning to be elected as a non-lawyer judge in the race to be selected as one of the three General Sessions judges in Hamilton County.  After one of his speeches before Chattanooga’s largest and most successful labor union, IBEW 175, he remarked to one of the now retired members that “someday you will see Chattanooga lose all of its manufacturing base and it will be a tourist town.”

            This statement adds to his 1978 prediction that lawyers would soon be peddling their alleged talents on radio, television, billboards, etc. following the release of the Bates decision in 1977-1978 by the United States Supreme Court.

            Whether you liked the late judge or not, he certainly was accurate on some of his predictions.

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

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Juror No. 3

I recently received a summons to appear as a prospective juror in Hamilton County on Tuesday, September 10, 2019.  Rather than try to find a flimsy excuse to get out of this public service I appeared along with approximately 150 fellow citizens to possibly be selected as one of 96 seated jurors for two weeks of jury service on 8 panels of 12.

As a member and former president of the Tennessee chapter of the American Board of Trial Advocates (ABOTA) that urges the preservation of the right to a jury trial in civil cases under the 7th Amendment in the Bill of Rights of the United States Constitution I believe it would be hypocritical for me not to try and serve. 

For over fifty years I have told prospective jurors in both civil and criminal cases that “the American jury is the biggest rock in the foundation of Freedom.”  Knowing that the life expectancy of lawyers being selected to serve as a juror is relatively remote I made my appearance along with my fellow citizens. 

After being given a Juror Information pamphlet that explained the jury system along with a series of Do’s and Don’ts, we were formally welcomed to jury service by a Chancellor, Criminal Court Judge, and Circuit Court Clerk.   The Clerk’s staff is entrusted with the selection process and the unending task of taking charge of the jurors and attempting to minimize their inconvenience and taking care of their needs in return for receiving free parking and $10.00/day for their service. 

To my surprise I was selected as juror #3 on panel 1.  A few chuckles were heard when one of the judges identified me as a lawyer.  A leading civil lawyer from one of Chattanooga’s biggest law firms was also selected but was allowed to remain anonymous.  Apprehension were on the faces of the wide variety of citizens waiting to hear their fate determined. 

When it was announced that a first-degree murder case involving kidnapping and decapitation of the body was going to be tried with the jury being sequestered (staying together) the apprehension of many jurors rose higher.  The jury was selected to try the murder case without juror #3 questioned for possible service.  

To add to the intrigue a major water main broke in downtown Chattanooga on Friday which left 30,000-40,000 businesses and residents including the Hamilton County Courthouse and Hamilton County Jail without water for drinking and sewage purposes.  The murder trial briefly continued on Friday in order that out-of-state witnesses for the prosecution could testify before the jury panel of 12 and 2 alternates were sent to their temporary residence at a motel for the duration. 

The rest of the 96-member group were released until Tuesday with instructions to call the automatic answering service on Monday night to be informed as to whether it would be necessary to appear to be considered to hear other cases on Tuesday. 

For the fifty-three years I have wondered what went on inside the secret discussions of the jury room that dealt with determining the guilt or innocence of defendants or the fate of the parties in civil cases.  I looked forward to the opportunity to possibly be on the inside and participate in the jury discussions.  I made a promise to be 1 of 12 and would decline to be foreman if asked and to not attempt to assert my knowledge as a lawyer other than to answer broadly if asked to give an opinion. 

Unfortunately no other trials were held during the balance of the two week term and I didn’t have to report back to the Courthouse.  A few days later I got my $10.00 check for one day of jury service.  It probably would be presumptuous to think that I would get to serve on any case due to my stigma of being a lawyer.  The District Attorney’s Office would be leery of my service due to my criminal practice although criminal defense lawyers might be concerned because of my early days as a prosecutor.  Being a plaintiff’s lawyer in civil cases would probably bring challenge from attorneys for the insurance companies’ side who might be apprehensive about me serving when informed that I had represented law enforcement officers in civil rights cases for several years. 

So, my hopes of learning something about the mystery of what goes on behind the closed door of the jury room has gone unanswered.  I can only encourage any lawyer or non-lawyer to accept the invitation to serve as a juror. 

I still believe that “the American jury is the biggest rock in the foundation of Freedom.” 

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

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Compliments to a Lawyer Advertiser

When I started the Silly Blog on May 31, 2017, it was and still is my intent to hit hard but fair blows against those who engage in daily promotions in their legal quest to sign up cases, primarily in the personal injury and bankruptcy fields that cross over into what I consider to be “deceptive legal advertising,” which was allegedly banned in 1977 by the United States Supreme Court but which is now the norm.

            It has become customary by the self-promoters to claim to be experienced and capable trial lawyers who can get you a fast settlement and judgment (but not jury verdict results).  The 2017 and 2018 list of verdicts as reported in Tennessee Jury Verdict Reporter articles on March 25, 2019, and April 25, 2018, articles in the Silly Blog were absent of any verdicts by the Chattanooga media advertisers.

            However, in 2019 we finally have a jury verdict by one of the Insider’s, (name purchased from John McMahan) Jay Kennamer, who was only offered $75,000 to settle a car wreck and a Hamilton County jury gave his client $135,000 in damages.

            Since this is the only recent jury verdict by any of the local or out-of-state self-promoters, the Silly Blog out of a sense of fairness wishes to publicly announce to its readers of this result.

            In addition to his fellow lawyers on the TTLA list serve, the Silly Blog commends Jay on his successful result and gives its opinion that if more cases are tried better results would be achieved to award clients and might be able to further pay to reduce high media advertising costs.  The old adage: “A rising tide lifts all boats is directly applicable to Jury Verdicts.”

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

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Happy New Year from the Silly Blog

As 2019 ends, we would like to thank all of those individuals who have entrusted us with handling your personal legal cases during the past year.

            In spite of the continuous increase in the number of lawyers entering the media frenzy of lawyer advertising and the increase in deceptive advertising, our firm has continued to achieve success doing it the old way of hard work and good results for our clients.

            Without the clients, friends and members of the legal community who still refer or associate Summers, Rufolo & Rodgers in cases, we would not be able to make that statement.

            We only promise to work just as hard in 2020, act ethically and will fight for the best result in your case in trial or settlement.

            Lastly, I would like to thank those of you who continue to read the Silly Blog and more importantly pass it on to attorneys, friends and others who might benefit from the numerous articles on “legal and deceptive” advertising since May 31, 2017.

            Choosing an attorney involves more than media blitzes involving often deceptive advertising.

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

IF YOU AGREE WITH THE CONTENT OF THE SILLY BLOG, PLEASE PASS ON TO OTHERS!

Merry Christmas from the Silly Blog!

To all of the readers who have tolerated the rambling of an old trial lawyer dinosaur who clings to the outdated objective of the “best” way to select the services of an attorney is based on experience, truth and trial results rather than glitzy, high priced and often “deceptive” media advertising!---

1.     In spite of our negative comments towards a few lawyer advertisers we still believe the best way to select an attorney is to first contact any lawyer that you have previously used in the past and trusted and give them an opportunity to handle your case.  If they don’t handle that type of case, they certainly can refer you to another reputable lawyer, not just a media advertiser.

2.    Lawyer advertisers are not “experts” just because the self-promoters in the media claim to be “Board Certified.”  Said designation only means they have expressed a desire to handle certain types of cases and have passed a one-day test and participated in a certain number of trials and court proceedings that satisfy the minimum requirements to obtain board certification as a civil or criminal lawyer.  It is no guarantee they are better qualified to handle your case than a non-certified attorney.

3.    Talk to several lawyers before you make a decision as to whom you intend to use to handle your case.  In spite of the panic sounding messages conveyed by some self-promoters in most cases you will have sufficient time to talk to several lawyers before you make a selection.

Good health and Happy Holidays from the Silly Blog!

Read the numerous articles that I have written over the past 2 and ½ years at www.truthinlawyeradvertising.com.  I believe they will provide helpful information to assist you in making an intelligent decision as to a lawyer or law firm to use.

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

IF YOU AGREE WITH THE CONTENT OF THE SILLY BLOG, PLEASE PASS ON TO OTHERS!

Which Chattanooga Law Firm Sets Up First Lunar Office?

Due to the expensive solicitation war and the high saturation point on the availability of radio, television, billboard and website space in the self-proclaimed direct or implied “Best of Everything” advertisers in the Chattanooga market new venues are being sought.

A highly scientific and accurate poll is being initiated by the Silly Blog to ascertain the true identity of the personal injury or bankruptcy lawyers shown above in the competition for new business in the solar system in the race to spend more advertising dollars in an effort to express their expertise and obtain Board Certification in the area of “Moon Accidents.”

Question!  Lunar Pro and Moon Beam are above associates in which local law firm?

1.     Smiling Billboard Boys from Birmingham;

2.    Tractor-Trailer Walkers

3.    Gotta Get the Reverend

4.    Chattanooga’s Best Law Firm by Times Free Press almost Gallup poll

5.    Up All Night Lawyer

6.    Yellow ducky lawyer.

$1,000.00 in Confederate money goes to the winner of the self-promoted poll.

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

IF YOU AGREE WITH THE CONTENT OF THE SILLY BLOG, PLEASE PASS ON TO OTHERS!

** Solicitation for Criminal Lawyer to Represent Legal Advertisers for Violations of Public Chapter 119**

Experienced criminal lawyer with fifty-three years of trial experience representing criminal defendants, former prosecutor, one of six Tennessee attorneys selected for membership in the American Board of Criminal Lawyers, Tennessee and United States Supreme Court appellate experience, AV Martindale Hubbell rating, former president of the Tennessee Association of Criminal Defense Lawyers, Top 100 Attorneys in Tennessee, Best Lawyers in America since 1983, etc. etc. etc., seeking wealthy personal injury, bankruptcy, and other radio, television, billboard, and website advertising attorneys who attempt to circumvent Public Chapter 119 out of economic necessity.

Motto: “If you want to get set free, call Jerry!”

(Early April Fool’s day joke-see more serious message below.)

Dilemmas for Lawyer Advertisers, Tennessee General Assembly

and Tennessee Supreme Court

Our recent article in the Silly Blog a few weeks ago (What’s the Difference?, Nov. 18, 2019) about the passing of Public Chapter 119 (effective July 1, 2019) limiting lawyer advertisements in the fields of prescription drugs or medical devices may create big problems for the three entities named above.

A speaker at the Tennessee Trial Lawyers Association Annual Ethics and Review Seminar in Johnson City probably caused some heart palpitations when they allegedly informed the TTLA attorneys that “prosecutors (DA’s) were going to begin looking at the ads and charging lawyers that have violated the Act (go to jail).

The bill was pushed by the Chamber of Commerce to protect poor ‘ole Big Pharma and other members of the medical community who were able to convince the business-friendly General Assembly that said the legislation was in the best interests of the injured, maimed and deceased members of the Tennessee public. (The payout in Class Actions is not a deterrent to safeguard our citizens against defective medical devices and deadly drugs but is merely a part of the cost of operating their business. It’s not a big deal to pay out 100 million dollars when you are making several billion in profit. Evidently, they want to increase their profits even further with Public Chapter 119).

The Silly Blog poses just a few non-exclusive questions to those affected by this legislation with a suggestion that the neglected public should have the right to be included in the discussion. How will the lawyer advertisers (primarily on cable television) and their media outlets respond with their billion-dollar yearly bonanza since the legislation allowing “non-deceptive lawyer advertising” was approved in 1977? (Whatever that term means since the legal advertisers have been running wide open with little enforcement by the regulatory bodies and courts entrusted with this responsibility.)

How will our Tennessee Supreme Court respond since they publicly stated during the first week of a previous new term that they wanted to be “more business-friendly”?

Will the trial lawyers wake up and attempt to protect the citizens of our state by requesting that the same statute restrictions apply to all legal advertisements and not just in the areas of medical devices and drugs?

Will the Tennessee Supreme Court follow the time honored practice of upholding nearly all acts of the Tennessee General Assembly under the theory of “all acts being presumed to be constitutional” and declare Public Chapter 119 to be constitutional and possibly open up the flood gates causing all torts be included in the legal advertising restrictions?

Will some brave legal advertiser become the Judas goat to test the constitutionality of said legislation and face an imprisonment of 3-10 years in the state penitentiary and a fine of up to $250,000.00 or both?

Will the TTLA Legislative Committee regret its decision to not fight the enactment of Public Chapter 119 on the grounds of it being unconstitutional under the federal and Tennessee constitutions and file a Declaratory Judgment Action?

Since the Silly Blog has been banned from the TTLA list serve I ask the renegade members of the group that still read it to evaluate the Act very carefully and take action that is in the best interests of the citizens of Tennessee first and your pocketbook second.

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

IF YOU AGREE WITH THE CONTENT OF THE SILLY BLOG, PLEASE PASS ON TO OTHERS!

Pick the Low Hanging (Easiest) Fruit

Our office recently was approached by the estate of a 46-year-old married and employed mother of one to possibly pursue a complex medical malpractice case against two major trauma center hospitals in adjoining states and their doctors as a result of complications from a motor vehicle accident. 

The injured plaintiff employed one of the largest legal advertising law firms in Hamilton County based on their exposure in the media although they did not even have a satellite office in the location where the accident occurred.  The law firm settled the automobile accident taking their fee off the top and declined to accept employment or even investigate the malpractice case.  

The damages consisted of over 1 million dollars in projected loss wages plus over 1 million dollars in medical bills at the time she died of an infection in one of her legs.  The photos presented to us showed horrible complications that the injured lady suffered after being placed in the Intensive Care Unit (ICU) continuously from her admission to a hospital in Tennessee and transferred to a hospital in another state where she died a horrible death.  

This case is just one of many that we have been privy to when approached by the injured or relatives of the deceased individuals that have been represented by media lawyer advertisers.  They take the settlement in the easy case (often at a reduced actual value), incur little investigation expense, and refuse to pursue any complicated case that might necessitate spending money out of their large media advertising budget that attracts clients.  

Is this deceptive advertising? 

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

IF YOU AGREE WITH THE CONTENT OF THE SILLY BLOG, PLEASE PASS ON TO OTHERS!

What's the Difference?

On April 9, 2019, Governor Bill Lee signed into law Senate Bill 352 which was to become effective July 1, 2019.  Said law is designed to restrict lawyer advertising relative to “unfair and deceptive” acts.  Sections 47-18-5601 through 47-18-5606 specifically prohibits under threats of civil and criminal felony penalties in Tennessee for the solicitation of clients that “allege an injury from a prescription or medical device approved, cleared, or the subject of drug monograph authorized by the United States Food and Drug Administration unless the legal advertisement also includes the information required in this section.

            The statute allegedly sponsored by the United States Chamber of Commerce on a nationwide basis is designed to have a chilling effect on prescription drugs or medical device cases solicited by attorneys.  More importantly it provides restrictions on the dissemination of “deceptive legal advertising” allegedly intended by the United States 1977 decision of the United States Supreme Court decision of Bates v. State Bar Arizona.

            The Tennessee Legislature has now given its approval to restrictions on lawyer advertising in these two areas. 

            Query: Should not the Tennessee Legislature and the Tennessee Supreme Court now re-address the aborted 2012 recommendations by the Tennessee Trial Lawyers Association to control the uncontrolled use of “deceptive lawyer advertising” in the Volunteer State?  A second question should be addressed as to what restrictions should be placed on lawyer advertising that doesn’t violate the First Amendment of the United States Constitution that protects the citizens of Tennessee from “deceptive legal advertising” within their “right to know” privilege.

            A copy of the link to the full bill is below.

https://legiscan.com/TN/text/SB0352/id/1998216/Tennessee-2019-SB0352-Chaptered.pdf

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

IF YOU AGREE WITH THE CONTENT OF THE SILLY BLOG, PLEASE PASS ON TO OTHERS!

Chattanooga Law Dogs Retired?

In an October 24, 2017, article on the Silly Blog I mentioned two new legal advertisers under the title “Veterinarians or Trial Lawyers?” which showed the two attorneys posing with “Ooga” (Georgia) and “Smokey” (Tennessee) in front of the Confederate General A.P. Stewarts statute on the lawn at the Hamilton County Courthouse prior to the fall football game between the two universities.

The dogs have since been retired and the two personal injury solicitors have now gone on television and Chattanoogan.com to espouse their talents and stress their experience and competency to handle personal injury cases.

There is nothing “deceptive” in their ads except they fail to list their courtroom experience which can be verified with Lewis Laska’s annual listing of courtroom trials and verdicts on two prior Blog articles (March 25, 2019, and April 25, 2018).

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

IF YOU AGREE WITH THE CONTENT OF THE SILLY BLOG, PLEASE PASS ON TO OTHERS!

He Does It Again!

In a 2016 well-known fictional thriller, Author John Grisham once again weaves a plot involving the judicial system with an indirect slap at lawyer advertising.

The Whistler involves a crooked judge in Florida who was taking pay from the skim of money from one of the gambling casinos run by a native Indian tribe and controlled by a group of criminals called the “Coast Mafia.”

When one of the judge’s co-conspirators was confronted by Federal Bureau of Investigation agents and forced with the death penalty for his involvement in a murder case he exercised his constitutional right to the assistance of counsel.

Grisham described the defendant’s lawyer on page 290-291 as a “basic ham-and-egg street hustler with two billboards to his name and a practice that yearned for lucrative car wrecks but survived on workers comp and mid-level drug cases.”

Evidently Author John Grisham once again implied a negative viewpoint as to lawyers engaging in legal advertising.

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

IF YOU AGREE WITH THE CONTENT OF THE SILLY BLOG, PLEASE PASS ON TO OTHERS!

Fight Against Fake News (Ads)

            The interesting financial (and other) publication, Bottom Line Personal, has recently come out with a free (if you accept their offer to subscribe to the introductory offer to obtain six free and eighteen additional issues of their publication), the one hundred forty-four page book entitled Don’t Get Mad, Get Even.

            Having paraphrased one of the pet quotes of the present presidential occupant of the White House, it discusses the current state of the advertising world by including “attorneys, doctors, hospitals, etc. in the group that they describe as everyone now is playing fast and loose with the facts and “has reasons to lie to you.”

            I’ve ordered the book and look forward to getting some information as to whether it addresses the alleged prohibition against “deceptive advertising” in the legal field in the 1977 United States Supreme Court decision.

            Hopefully, it will present facts from another independent source that will help the public to become more informed about choosing a law firm.

Prophecies of Raulston Schoolfield

As a young lawyer, the late General Sessions Judge Bob Moon recalled two predictions in 1978 made by General Sessions Court Judge Raulston Schoolfield.

1.     You will see the day when lawyers and judges conduct will be conducted by boards rather than by courts and bar associations;

2.    Lawyers would be advertising their talents and services on billboards, radio, television, etc. after the United States Supreme Court approved lawyer advertising under the guise of the public’s “right to know” under the First Amendment of the United States Constitution. 

            Young Moon did not originally believe Schoolfields predictions but if you fast forward to 2019 the late judge’s prophecies have to be considered accurate and in place!

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

IF YOU AGREE WITH THE CONTENT OF THE SILLY BLOG, PLEASE PASS ON TO OTHERS!

Dramatization

One of the big spenders in lawyer advertising in Hamilton County has the word “dramatization” in small letters in the lower left hand corner of one of their television ads which is followed by the flashing of several large amounts of money allegedly recovered by the firm in personal injury cases.

         In Webster’s 20th Century Dictionary the term is defined in a rather confusing definition:

         --“Dramatization is a literacy composition that tells a story usually of human conflict by means of dialogue and action to be performed on the stage by actors in a stage play.  The principal forms of the drama are tragedy and comedy.”

         What does this have to do with lawyer advertising?

         Simply that the individual claiming to be the injured party is a paid actor that has been hired by an advertising agency for a law firm to tell a false story about them being injured in an accident and obtaining a big settlement.

         Is this type of advertising “deceptive” as allegedly prohibited by the United States Supreme Court in 1978?

         Evidently it is not, because no action by the Courts in Tennessee or regulatory bodies has taken place pursuant to Justice Blackmun’s admonition that lawyer advertising would be closely regulated!

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

IF YOU AGREE WITH THE CONTENT OF THE SILLY BLOG, PLEASE PASS ON TO OTHERS!

What Happened?

In November 2012 a comprehensive Petition to Adopt Changes to Rules of Professional Conduct on Lawyer Advertising was filed before the Tennessee Supreme Court by the Tennessee Association for Justice (TAJ).  A thirty-three page Supplemental Petition with exhibits was filed by a successful Nashville trial lawyer urging the high court to adopt the proposed rules to attempt to regulate the dissemination of “deceptive” advertising allowed by the United States Supreme Court in its limited ruling decision allowing lawyer advertising in Bates v. State Bar of Arizona (1977).  A copy of that petition is attached as an exhibit to the Silly blog entry.

            In this writers opinion it presented a practical solution to control what has become a cancer on the legal and judicial systems of our state that has adversely affected the rights of citizens under the 1st Amendment of the United States Constitution and Article I, Section 19 of the Tennessee Constitution to obtain reasonable compensation for personal injuries in our courts.

            The recommended control of ethical and non-deceptive advertising balanced against the “public’s right to know” under the First Amendment of the United States Constitution was capably addressed by the author of the proposed petition.

The recommended changes were never adopted!  Why??

1.     Opposition by First Amendment proponents who threatened to oppose the adoption of the petition in the courts;

2.    The mega-millions (now billions) advertising industry had found themselves a new cash cow and it was anticipated that they would also oppose the adoption of the petition;

3.    Bar and trial lawyer associations were afraid that they would lose the financial support and sustain a drop of needed memberships if the few high spending minority of trial lawyers primarily in the field of personal injury, bankruptcy, social security, etc. withdrew their financial support;

4.    Big businesses and insurance companies took a luke warm approach to the proposed petition when faced with the possibility that more talented attorneys would acquire the bulk of cases and not settle them for less money to the involved clients.

            Considering these factors as well as obvious others the Tennessee Supreme Court although asking for public comment never acted on all or any of the proposals included in the petition.  As a result, radio, television, billboards, and websites are inundated with glitzy, deceptive, and unethical solicitations that demean the legal system and dilute the effectiveness of the judicial branch of government under the 7th Amendment and comparable Tennessee constitutional provisions.

            What was rejected in 2012 should be re-addressed in 2019-2020!

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

IF YOU AGREE WITH THE CONTENT OF THE SILLY BLOG, PLEASE PASS ON TO OTHERS!

A Badge Not for Sale

On Friday, September 20, 2019, attorney Jerry Summers was recognized as a 2019 Attorney for Justice by Justice Roger A. Page on behalf of the Tennessee Supreme Court for providing pro bono legal representation (legal work undertaken voluntarily and without payment) in Tennessee for individuals that could not afford the services of an attorney.

Said program is one created by the five Justices to encourage attorneys to participate in legal philanthropy to assist the citizens of the State of Tennessee.  Said ceremony was part of a program of Community Justice presented by the Legal Aid of East Tennessee and the Chattanooga Bar Association.

The Certificate of Recognition allows Summers, Rufolo & Rodgers to display the Attorney for Justice seal on the law firms website, letterhead, resume, and other promotion or marketing materials.

Said honor doesn’t require our firm to buy a plaque, piece of glassware, or get any fellow attorneys to write a recommendation to get us included in one of the 1,200 “Best of the          _____?_______” money making entities now in existence after 1977 in the news media.

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

IF YOU AGREE WITH THE CONTENT OF THE SILLY BLOG, PLEASE PASS ON TO OTHERS!