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!

Biting Dog Often Barks the Loudest

As predicted when I started the “Truth In Lawyer Advertising” blog on June 14, 2017, I have come under attack by one of the biggest media advertising spenders in our legal community for personal injury cases.

            Let’s state the facts:

            Prior to it becoming known that traffic accident reports were being obtained at police stations for the purpose of soliciting cases for both medical treatment and referrals to a small group of lawyers, one of the lawyers in my office had 3-4 cases referred to us by a medical provider with whom he had a personal friendship.  No fee splitting or referral fee was ever involved or discussed.

            It became known that the illegal practice of obtaining automobile accident reports was happening in several areas of the state including Hamilton County.  Involved on a minor scale was the healthcare provider that had referred the 3-4 cases to our office.  A lawyer in our office was advised by legal counsel for the healthcare provider that they did not feel that they were doing anything improper or outside the law.  When my lawyer conveyed this fact to me I expressed reluctance to accept the medical providers lawyer opinion and we contacted the Board of Professional Responsibility (BPR) and discussed the facts and circumstances of our involvement with one of the senior staff attorneys.  After said conversation we took the following action:   We sent a letter and questionnaire to the potential clients asking 1.) If they had been directly contacted by a medical provider; and 2.) If the medical provider had made a specific referral to our office.  Upon receiving an affirmative answer to both questions, we informed the potential clients that we could no longer represent them.  We did accept one case and are representing that individual based on their representation that there was no direct solicitation by the medical provider and no specific referral to our firm.   

            We received on November 1, 2017, a copy of an email implying that we are one of the Chattanooga law firms that has a member associated with the medical provider and that we are posting a “silly blog.”  (By Jerry H. Summers)

            If making the public aware of exaggerated and deceptive claims that affect the rights of individuals to receive full compensation for legitimate injuries that are reduced due to the expenditure of excessive advertising costs and “puffing of legal ability” then I plead guilty to informing our citizens about false representations that are made by local and out-of-state law firms that affect the administration of Justice.

            For over 50 years the citizens of Hamilton County and surrounding areas have entrusted me and my law firm with their interests in all types of legal matters without the need for our firm to illegally solicit anyone or their cases.

            The blog I have created is designed to inform the public of the 99.5% of qualified lawyers who advertise their legal talents through hard work, good results, and good reputations in our community and not through expensive, deceptive, and exaggerated advertising and greed.

            The “silly blog” will continue.

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

How to Avoid the 30 Day No Solicitation Rule in Tenn. Sup. Ct. R.8, Rule 7.3

Rule 7.3 deals with the Solicitation of Potential clients in personal injury, divorce or legal separations, workers compensation, and wrongful death cases unless they are involved in an incident that occurred more than 30 days from the date of occurrence prior to the mailing of any solicitation.

            How would some creative lawyer or law firm get around this attempt to control solicitation which primarily occurs in automobile, tractor trailer, or school bus cases as demonstrated in the past couple of years in the Chattanooga area?  Here are a few tactics presently being used:

1.     As soon as a major catastrophic accident happens get an out-of-state attorney or their investigator who is not licensed to practice law in Tennessee to contact the family or injured person directly through a friendly preacher or funeral home and gain control of the case as soon as possible.  After the 30 days of the non-solicitation rule elapses the case can then be sent to a licensed Tennessee lawyer on a fee splitting basis or handled completely by the local firm;

2.    Shortly after a tractor trailer or school bus accident create a television commercial showing lawyers who claim to be experts in truck or school bus litigation standing on top of a similar prototype of the vehicle causing the accident without referring to the specific tragedy;

3.    Put an article on your website describing your alleged expertise in #2 without making any reference to the specific tragedy; and

4.    Make a specific representation that a substantial amount of money ($2,500.00) is available to anyone that was in a wreck and was contacted by a lawyer, medical provider, or someone acting on their behalf by obtaining a police report.  If the lawyer making the representation gets the first non-personal injury case it is fairly obvious that they will have the inside track in getting the initial case that resulted in personal injuries.

5.     Obviously there are other creative ways to circumvent the 30 day rule restriction.  As long as money is at stake, the efforts to get around Rule 7.3 will continue.

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

Veterinarians or Trial Lawyers?

Chattanooga’s latest entry into the media arena soliciting personal injury cases are the “Chattanooga Law Dogs” who first appeared in a commercial in front of the Hamilton County Courthouse in front of the statue of Confederate General A. P. Stuart holding two dogs dressed in the colors of the University of Tennessee and University of Georgia before their gridiron clash.

         The use of the term “law dogs” is not an original one as it was first introduced to the public a few years ago by an attorney primarily soliciting divorce cases which included a radio call-in-show on Talk Radio.

         A review of the website of the two attorneys touting their love of animals opens with them holding attractive house pets as part of their solicitation for personal injury cases “involving car accidents, workers compensation, semi-truck and commercial vehicle accidents, and wrongful death suits involving auto accidents.”

         Although they claim 25 years of experience in personal injury cases, they do not list any jury verdicts or full value settlements obtained during that period of law practice.  In another area of the law, the traditional and widely respected Chambliss law firm has displayed a photo of a docile-appearing chocolate Labrador dog in a local magazine in support of their declaration that they are also available to provide legal services in non-personal injury areas of the law as being “fiercely loyal” to their clients!

         The practice of law has come a long way since solicitation of law cases was legalized in 1977 and your status as a dog lover is now one of the basic criteria for contact by attorneys to handle a complicated legal matter on your behalf.

         Can Board Certification as a dog lawyer be next on the horizon?

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

AVVO Banned in New York & New Jersey

            Local lawyers have been solicited by AVVO claiming that said advertising service was indispensable in staying abreast of their competition and that the highest rating by AVVO was a significant benefit to attracting new clients.

            Several local lawyers have become affiliated with AVVO for the privilege of putting their emblem on their website as “Avvo Advisor” or “Avvo Legal Services.”

            “Avvo Advisor” offers a deal where a customer of legal services buy 15 minute phone conversations with a lawyer for a flat rate of 39-40 flat rate of which Avvo keeps of $10 marketing fee.

            “Avvo Legal Services” allows a customer to pay flat fees to Avvo for legal services provided by affiliated lawyers, after which Avvo pays the lawyer but keeps a marketing fee.

            Avvo, Legal Zoom and Rocket Lawyer are three of the social media web based services that proliferate the television airwaves touting the legal ability of lawyers who join their networks.

            Now several states including New York, New Jersey, Pennsylvania, South Carolina and Ohio have ruled that Avvo’s business models are violating ethic rules that prohibit the services from requiring attorneys to share a legal fee with a non-lawyer.

            There are many capable lawyers in the Chattanooga area that do not become financial investors in Avvo to obtain their legal rating.

            Avvo salespersons encourage attorneys who have no Avvo rating or may have received a negative rating from one or more clients to establish or erase said rating by becoming affiliated with their company.

            They also suggest that you get a couple of references from fellow attorneys to support your candidacy for a rating.  They are very reluctant to take off a negative anonymous comment unless you subscribe to their service.  A review of Avvo at www.thebalance.com/avvo-criticism-lawyers-2151218 gives a summary of criticism of the service and explains why you should be careful of using their rating system as the sole basis for hiring a lawyer to represent you in a serious matter.  To get a balanced review of the service go to Google and check the various listings that both praise and criticize Avvo.

            If a well-established attorney has any negative reviews you should contact them to hear their side of the story before hiring anyone solely on the basis of an Avvo lower rating than some of their fellow attorneys.

            Talk to several Avvo and non-Avvo layers before you make a selection of whom to use to handle your case. 

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

"Best of the Best” and “Best of the Least Recognized"

Now that the yearly display of alleged satisfied customers and the buying of advertising in the local Chattanooga newspaper has been concluded for another year with the announcement of the “Best of the Best” in our community,  I would like to expand the limited categories in the legal field to what I believe are the “Best” lawyers but “least recognized.”

            It should be pointed out that in the four days following the “Best of the Best” on September 29, 2017, approximately fifty-two (52) first place winners showed their appreciation to the newspaper by purchasing ads ranging from 1/8 to a full page extolling their selections in the Times Free Press and its standalone publication, Chatter Magazine.

            Here is my partial list of the “Best” lawyers:

1.     The 99.9% of attorneys in our state who still believe that hard work and vigorous representation of clients are still the best way to project the proper image of the legal profession;

2.    Those who believe in the separation of Church and State to not quote biblical scripture in any legal solicitations advertisements;

3.    Those who perform pro bono work for their church, local charities, schools, or other entities of the community without making it a media event;

4.    Those, who when purporting to be an attorney, do not demean the image of lawyers by dressing in ridiculous attire that would best be displayed at the last rites of the Barnum and Bailey Circus;

5.     Those who do not stand on the top of tractor trailers and claim expertise in handling cases involving the same a few days after a fatal accident in order to avoid the thirty (30) day no solicitation of accidents in Tennessee but hope to solicit the cases of injured parties in said unfortunate accidents;

6.    Those who in website interviews don’t claim to be the only lawyer who cares about an injured party who doesn’t have anyone to represent them except that individual lawyer;

7.     Those who accept appointments as guardians and conservators in the courts to protect the rights of those needing an attorney to represent them who have limited financial resources;

8.    Those who accept appointments to represent indigent defendants in criminal cases in juvenile court, general sessions court, and criminal court knowing that they will be poorly compensated for their efforts;

9.    The members of the Pro Bono Committees of the Chattanooga and Tennessee Bar Associations who regularly represent the interests of those who cannot afford to hire counsel;

10.  Those who serve on the panel of the East Tennessee Legal Services Corporation and continue to support the agency in hope that the present administration in Washington does not reduce funding for this necessary and very important organization that represents low earning individuals and families;

11.   Those that do not claim that because they are Board Certified that they are better qualified to represent anyone in a legal matter;

12.  Those that do not buy an expensive listing in one of the 1,200 “The Best” legal categories in order to display an emblem on their website or advertisements;

13.  Those who do not claim to be the “Best Law Firm in Town” but regularly try cases and/or reach settlements that fairly represent the full value of the case;

14.  Those who donate money to help the needy without making it a media event or physically handing over sums of currency before the television cameras to the needy and less fortunate;

15.  Those lawyers and their families and staff who participate in many of the charities in the area as volunteers but do not seek any publicity for their efforts.

            These “Best of the Least Recognized” will probably make less money than the “self-appointed experts” but they better project the image of what members of the legal profession should be----to protect the rights of their clients rather than using catchy gimmicks and deceptive representations to further financial interests of a small minority of lawyers.

            Lastly, I would nominate the lawyers who perform excellent services in the fields of bankruptcy, social security, criminal law, estate planning, corporate law, etc., but for some unknown reason don’t even qualify for consideration for the “Best of the Best” in the local newspaper, but instead who must compete with the newly created “Best Law Firm” established only two years ago to benefit one of the largest advertising law firms.

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

Steelhorse Law

An Atlanta firm started by a DUI lawyer has entered the Chattanooga advertising market with an 888 number soliciting motorcycle accident cases.  They have established a relationship with Buds Sports Bar and Thunder Creek Harley Davidson motorcycles in Chattanooga and with other groups in Knoxville, Nashville, and Myrtle Beach.  Public relations people with be available to meet with bike riders and explain their reason of why you should hire an out-of-town law firm rather than local attorneys.

            On Wednesday nights you can be admitted free to a private party area at Buds if you arrive on a motorcycle where you are provided discounted refreshments and beverages and a packet of information about Steelhorse Law and a beer opener made in China in the nature of a keyring.  It starts at 7:00 p.m. and runs to 10:00 p.m. with free food, “discounted beverages,” and free entertainment.

            As far as a local office they have a small office on the concierge floor at one of the downtown office buildings but are not listed on the list of tenants.  They indicate they have been in existence for 10 years and do not have a fulltime Chattanooga office.

            A motorcycle accident is like any other accident between vehicles and can be competently handled by many qualified attorneys in the Chattanooga legal community. 

            If you want to use an Atlanta law firm perhaps you might inform Thunder Creek that you will also buy your next motorcycle in Atlanta.

            The record is silent as to whether they inform their guests and Thunder Creek and Buds as to the increased risk for liability if the participants cause or are involved in an accident or are comparatively at fault because of their consumption of “reduced priced beverages.”

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

We Will Beat the Insurance Company’s Offer!

This claim that is made by one of the prominent radio and television advertising law firms in the Chattanooga area is not any indication that they are better qualified to represent you than any law firm in a personal injury or negligence claim.

Adjusters and insurance representatives normally make a very low initial offer to injured persons to settle their cases unless it is a very serious case and there is limited insurance coverage and/or limited assets to recover from the guilty party defendant(s).  

Most attorneys charge 33 ½ per cent of the total recovery but this is always subject to negotiation between you and your attorneys.

Lawyers who spent large sums of money on all forms of advertising such as radio, television, billboards, etc. have more pressure on them to encourage you to settle your case than other qualified attorneys who do not engage in the social media advertising war.

Many attorneys will agree to take a higher percentage of your recovery that is above the initial offer you may get from an adjuster.  They may agree that if they do not beat that initial offer they will charge no fee and only a higher percentage above the initial offer.  This will indicate that the lawyer may work harder on your behalf rather to obtain a bigger recovery rather than a quick settlement that primarily benefits the lawyers.

Talk to several of the 1,200 attorneys in the Chattanooga area before you hire someone to represent you or a loved one in a personal injury case. 

We encourage you to buy local products and hire or at least interview local attorneys!

Don't Trust Every Piece of Marketing You See!

We encourage you to buy local products and hire or at least interview local attorneys!