Legal Advertising in Tennessee

For years business has tacitly set back and let the media advertising lawyers fill the airways and byways in Tennessee with many deceptive or almost deceptive ads because it gave conservative and mostly Republican legislators ammunition to pass pro-business legislation that restricts the rights of individuals to obtain adequate compensation in our state for wrongful acts.   Any bill that would expand the rights of the injured or wronged is immediately titled “a trial lawyers” bill in business’ efforts to maintain or further reduce the right to sue by plaintiffs.

            However, in a nationwide effort to heavily restrict legal advertisements relating to medical devices and pharmaceuticals the U.S. Chamber of Commerce and its coalitions in Tennessee of the Tennessee Medical Association, Tennessee Chamber of Commerce, Partnership to Protect Patient Health, etc. introduced anti-lawyer advertising legislation in 2019.

            This position which is contrary to their inactive position that is based upon a report introduced in Congress in 2017 that stated that attorney advertisements were scaring patients, causing them to stop taking medications without consulting with their doctors.

            The drug involved is the blood thinner, Xarelto, manufactured by a subsidiary of Johnson & Johnson that is being hit with big verdicts that allege that asbestos contained in Johnson & Johnson talcum powder can cause cancer. 

            The proposed bill to restrict what attorneys can say in their media ads has been referred to Commerce Committees in both the Tennessee Senate and House.

            Similar bills have been introduced with the support of the states’ Chamber of Commerce’s in Florida, Kentucky, Louisiana, Texas and West Virginia.    

Should said legislation also apply to the car wreck, big trucks, nursing home, etc. cases solicited by the legal advertisers?

            Funny how positions can change when Big Money is involved! 

P.S. This bill has now been enacted by the Tennessee General Assembly effective July 1, 2019!

P.S.S.  This is a repeat for the benefit of the Legislature and Supreme Court.

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

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