Silly Blog Going Inactive
On May 31, 2017, I started a blog titled “truthinlawyeradvertising.com” to address what I contended (and still do) was the use of “deceptive advertising” in lawyer advertising in the State of Tennessee and particularly Hamilton County in violation of the limited holdings by United States Supreme Court Justice Blackmun in Bates v. States Bar of Arizona, 433 U.S. 350 (1977) that restricted lawyer advertising to “uncontested divorces, uncontested adoptions, simple personal bankruptcies, and name changes.”
My Internet Technician (I.T.) reported that I had a steady increase of viewers each month of several thousand readers. During the three years, I have taken hard but non-foul shots at the leading media advertisers in my area who disseminate what I respectfully submit are false misrepresentations about their ability, results without trial, location of their local law offices, and many other incorrect statements. None of them have had the courage to publicly contradict anything I have said about them or their methods but some have snipped at me behind my back.
In fact, that is how the Silly Blog title came into existence. One of the top three money spenders when asked about my blog is alleged to have said that “I was just old, and that the blog was silly.” (I concede that I am old but the blog is not silly but an attempt to educate the public to not pick a lawyer to represent them in a serious matter affecting their livelihood based on glitzy and over-exaggerated statements of lawyers mispresenting their background qualifications and lack of trial experience (not settlements or judgments/results).
I have to address the claim that I was jealous of their success and that I was also advertising to get business…..
1. My record of over fifty-one years of private practice speaks for itself and I will be glad to compare my accomplishments both in and out of the courtroom with any of the deceptive advertisers.
2. We advertise like any other law firm has to do in order to stay in business against the money-hungry vultures that glorify their false accomplishments in their “deceptive” advertising.
Our website at www.summersfirm.com is available to be reviewed by anyone wanting to check out our firm’s results and type of material made available to any reviewer who wants to take the time to review it. I can also truthfully say that no prospective client has contacted me or other firm members to represent them because they have viewed the Silly Blog.
In the Silly Blog I have also applauded members of the legal profession who were outstanding individuals and who had practiced law without resorting to “deceptive” advertising.
Have I paid a price for my Don Quixote stand? Maybe so but at my age and level of success, I personally don’t give a damn!
It was a disappointment to have the Silly Blog blackballed from the list serve of an organization that I have served in every capacity since 1968 upon the complaint by the lawyer advertisers that I was being critical of them in violation of part of the list serves by-laws that states: “anyone using the list serve should not criticize any other member.”
I did not identify by name anyone that I was making a reference to but evidently the truth was spreading enough to “rattle their delicate sensitivities.” I would point out that several members did request that I continue to send any critical comments to their private email.
I have taken some gentle snipes at the Tennessee Supreme Court and local bar associations for not taking any action to at least control some of the most outrageous and “deceptive” types of legal advertisers that I believe come under the purview of Tennessee laws and statutes that allegedly control deceptive advertising in our state. I have even tactfully suggested to some more widely respected members of the organized Bar to file a petition before the Tennessee Supreme Court to address this important issue which I strongly believe adversely affects the image of lawyers.
To date I have received silent approval by defense colleagues but due to potential backlash from their “business clients” they are reluctant to step forward. A good starting point would be the 2012 petition filed by attorney Matt Hardin of Nashville which addresses some of the most egregious violations against deceptive advertising but unfortunately it was not passed due to the weak-kneed approach that it would be attacked by advertising lawyers.
Bar associations are also reluctant to address the issue of deceptive advertising because of their fear that it will adversely affect their membership rolls. I also contend the Tennessee General Assembly which is both overwhelmingly Republican and supports business interests “speaks with a forked tongue.”
While they are quick to defeat any legislation that would benefit persons with claims or injuries that would expand the right of ordinary citizens to get compensation and justice in our courts, they have expressed no concern about passing a bill effective July 1, 2019 (Public Chapter 119), to protect pharmaceutical and medical device manufacturers from lawyer advertising. If the same bill was amended to include restrictions on the solicitation of car wrecks, big trucks, nursing homes, etc. cases then it would possibly have the effect of curtailing some of the “deceptive practices.”
Insurance defense firms are also suffering because of the “quick settlement” tactics of the legal advertisers because they are being bypassed when companies use in-house adjusters and legal counsel who can settle claims for much lower amounts than the case may be worth if it wound up in the hands of an experienced trial lawyer willing to take the case to trial or at least aggressively prepare to get a reasonable settlement.
In reality I have other things to do with writing two website news columns weekly on Monday and Thursday on the chattanoogan.com, preparing two-three books on history for publication, and handling a few cases. I am fortunate to have four capable lawyers, Jeff Rufolo, Jimmy Rodgers, Marya Schalk, and Ben McGowan who can effectively handle cases probably better than me and to allow me to pursue other interests in the twilight years of my career. (Please do not attach my lunacy to them!)
Do I have any regrets about the Silly Blog? Not on my part but I am disappointed in the fact that my fellow lawyers who regularly claim to be “seekers of justice and pursuers of the truth” allow the deceptive advertising tactics of a few to not only adversely affect their individual practices but more importantly adversely affect the rights of our clients who we have all taken an oath to protect.
To those who have regularly followed the Silly Blog, and relayed the messages to either actual or prospective clients, I say thank you!
I have covered and exposed what I believe are “deceptive advertising practices” and will place the Silly Blog on inactive status for now. However, it would be against my combative nature not to issue a challenge to the aggrieved legal advertisers that I may have maligned during the past three years to debate the merits of the subject in a public forum with each side donating a minimum of $10,000 to a favorite charity!
(My choice will be the Summers, Rufolo & Rodgers Trial Advocacy Scholarship at the University of Tennessee College of Law that gives a preference to an upcoming third year law student who is a descendant of a member of the TTLA, TACDL, or TBA! Any takers?)
If I have helped one person/family receive better legal representation it has been worth the effort of writing the Silly Blog…(who knows we may be back?)
--Jerry H. Summers
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!