$1 Billion

Update: March 28 at 3:43 PM.  Avvo’s Josh King was nice enough to let me know that the $1 billion is only on tv ads.  Josh indicates that the amount spent on all attorney advertising is between $4 and $5 billion.

This year, it’s estimated that U.S. lawyers and law firms will spend over $1 billion on advertising.

$1 Billion.

You read that correctly.

The ABA Journal has the story here: Legal Advertising Blows Past $1 Billion And Goes Viral.

By comparison, in FY 2015, the Legal Services Corporation’s budget was $375 million.  (Editorializing? Maybe.  But, also, fact.)

Some of the lawyers/firms highlighted in the ABA Journal’s article:

  • an all-female firm that uses the catchphrase “Ever Argue with a Woman?
  • an attorney whose ads made him such a celebrity that a mother threw a birthday party for her 2-year-old in which the theme was…..the attorney.
  • a lawyer whose alter ego is the Texas Law Hawk.
  • the lawyer who originated the campaign “If you are injured in a car accident, call us immediately” and whose firm now spends between $30 and $40 million per year on advertising.

The article also includes an interesting recap of the history of lawyer advertising.  From the days when the ABA’s Canons of Professional Ethics banned nearly all advertising and, referring to lawyer advertising, included the ominous statement that “[t]he future of the republic, to a great extent, depends upon our maintenance of justice, pure and unsullied,” to the Supreme Court’s historic decision in Bates v. State Bar of Arizonato today’s landscape.

I’ve worked in the Professional Responsibility Program since 1999.  We’ve not received many advertising complaints. Maybe 5 or 6 in 18 years.

Vermont’s advertising rules are in Rules 7.1, 7.2, 7.3, 7.4, and 7.5.   It’s a violation to advertise a firm as being “injury experts” and “the experts” in particular areas of law.  It’s also impermissible to advertise as a “County’s Premier Criminal Defense Firm.”

I’ve never been a huge fan of the advertising rules.  I’m not against them, just not a fan.

The Association of Professional Responsibility Lawyers recommended that the ABA streamline its Model Rules on advertising.  The comment period closed on March 1.  I’m curious to see how the ABA responds.

$1 Billion.  On ads.

jimmy mcgill