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Articles Tagged with advertising

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Untitled-design-5-300x300Credibility. It’s one of the biggest failures in the legal field. What is a leading cause of this credibility problem? Bad lawyer advertising! Lawyer ads are everywhere. They are overwhelming. They are almost all terrible.

Instead of authenticity, too many lawyers will say or publish anything to sign clients. From fast cash promises to fake blogs to ghostwritten content, lawyer marketing is terrible. Some lawyers even chase clients and cases in legal areas they really do not handle. That’s a terrible practice and terrible insult to the legal profession. Our friends and neighbors deserve better.

If you’ve watched any television, you’ve seen the onslaught of bad lawyer commercials. Have you taken this drug? Call me! Have you been in a car wreck? Call me! Many of these advertising lawyers have never even seen the inside of a courtroom. They do not try cases. They are not going to work your case for maximum value. Some of these advertising lawyers do not even have an office in Alabama.

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Injured-by-a-dangerous-drug-or-defective-medical-device-200x300On December 22, the 11th Circuit issued a new opinion dealing with the Learned Intermediary Doctrine under Georgia law. Many states, including Alabama, follow the same or similar versions of this doctrine. The Learned Intermediary Doctrine is a key issue in personal injury cases involving dangerous or defective prescription medications. If you suffered a serious injury from a bad drug, this legal doctrine may decide whether or not you can recover damages for your injuries.

What Is The LEARNED INTERMEDIARY DOCTRINE? How The Doctrine Impacts Bad Medication Cases.

So, what is the learned intermediary doctrine? Let’s start with the new 11th Circuit case, Hubbard v. Bayer Healthcare Pharmaceuticals. The case involved a Georgia lady who suffered a catastrophic stroke while taking the prescription contraceptive Beyaz. Later, she sued Bayer claiming the company failed to warn adequately of the stroke risk.

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Huntsville Personal Injury AttorneysWe’ve all seen and heard the ads. If an advertising company put a billboard in the middle of the ocean, a settlement mill attorney would buy it! Usually, it’s a smiling face, phone number and short catch-phrase like:

Call Me [Insert City or State]!

In Huntsville, one local group of DUI lawyers decided to raise billboards and sign all manner of clients. Those same DUI lawyers sign the cases simply to refer the serious ones for a fee. That’s wrong.

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billboard-3220111_1920-300x164“Do you have a billboard?” I was sitting with a group of parents at a recent school event when one mother innocently asked me the question. “I thought I saw your name on a billboard.”

“No,” I politely answered. What I really felt like saying — “Never. I know a lot of lawyers and would personally never hire one who is on a billboard.” For our firm, it is a matter of professionalism. At their core, all legal matters are personal. Sometimes, these very personal matters require detailed preparation and special study. What do you typically get with a billboard lawyer? You get the false bravado of a lawyer with a manufactured smile or stare telling you some catch phrase to get your business. Catch phrases like:

  • “We got this”
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Huntsville Personal Injury Lawyers - Blackwell Law FirmIn May 2017, I wrote an article that asked — Who Writes For Your Injury Lawyer? It’s an important question. It’s a question of authenticity and trust.

After all, you are hiring a person who will soon know your most personal information. Medical information. Financial details. Family issues. Criminal background. Your lawyer will know your background. You are trusting a person with your information. That begs the question — If a lawyer cannot even honestly write for himself, how can you trust him or her with your personal details?

Based on what passes for lawyer advertising and lawyer website content, I must be in the minority. For many advertising lawyers the formula is simple — Pay a marketer to generate content. Write check. Smile for photos when requested. Repeat some catch phrase like “we got this” or “call me.” This lack of authenticity is precisely why lawyers do not build trust in their community.

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billboard-37080_1280-300x227I look up. In big letters, I see it:

INJURED?

Next to the large word, I see the smiling faces and telephone number. It’s a new billboard. I drive down the road. Less than half a mile down the road, I see these words on another billboard:

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497364007_b28f03366a_z-300x225The lawyer appears and asks for your case. His ads are simple — Smile. Act Confident. Tell Viewers To Call. In his advertisements, one local Huntsville lawyer claims, “we have the lawyer to fix your problem.” Does he? Can he fix all your problems?

The advertising lawyer wants your case. That much is true. Yet, his law firm website (in the fine print) discloses a little more truth he hopes you won’t notice. While his firm takes personal injury clients, they refer the serious ones to outside lawyers for work. That begs the question — Why advertise for cases you don’t really handle through trial and appeal? The answer is simple. For firms who simply sign up cases, it’s not about the client or the case. If the lawyer cared about the client or the case, he or she would not be asking for cases they really did not handle. He would not claim expertise in every legal area possible. No, the answer comes down to fee (money). The smiling advertising lawyer wants the case to get a quick settlement or referral fee. Often, that is NOT in your best interest. And, he hopes you don’t know that.

If you are the injury victim who needs a lawyer, this can be a bad deal for you. Here are four ways it can be a bad deal for you:

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courtroom-898931_1920-300x226I know — Lawyer advertisements are everywhere. Billboards. Television. Youtube. Those advertising lawyers all try to project confidence while asking for your case. “We got this” says a local Huntsville lawyer with new billboards and a Youtube video. In fact, this Huntsville lawyer who tells you he has your situation handled really intends to refer the serious injury cases to outside trial lawyers. Ask him about his deal with an outside law firm. What does he really have handled? A quick settlement or a referral fee.

Why am I discussing this topic? Well, I was recently sitting in a Morgan County courtroom. My client’s injury case was set for trial. We were present and ready. As I looked around the courtroom, one thing was obvious. That was — Not a single one of the lawyers I see smiling from billboards was present. In fact, not a single one of those billboard (or Youtube or television) lawyers had any cases on the docket. I did see some really good lawyers in the room. But, those good lawyers were NOT on billboards.

We’ve all seen the commercials. In fact, some of these advertising lawyers even record their ads with a courtroom backdrop. If that’s not laughable, I don’t know what is. You don’t see those lawyers anywhere near a courthouse or deposition because they work on volume. They want your case. They intend to settle as soon as possible. Insurance companies love settlement mill lawyers because they can settle cases with them for a fraction of their value. It’s a shameful practice that diminishes my profession.

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Blackwell Law Firm - HuntsvilleYou suffered a severe personal injury and need a lawyer. How do you find the right lawyer? It’s a topic I’ve discussed in past posts. One piece of advice — Avoid the many attorneys you see smiling from billboards. Here are a few of my past posts on the topic of finding a personal injury lawyer:

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Drawing from Beinecke Library (License link: CC BY-SA 2.0)

The Insurance Journal recently reported the story of a client solicitation and kickback scheme involving several Florida attorneys. The arrested Florida attorneys were charged with paying solicitors for clients and then arranging kickbacks from medical providers. It’s an awful scheme that harms people who are genuinely hurt and need counsel. And, it’s a black eye to both the legal and medical professions.

Every day, I hear the stories of people who are genuinely hurt and need help. Injured people already face struggles — problems with medical care, sudden expenses, potential job loss, the loss of their vehicle, and sometimes, long-term pain or disability. It’s a big list of real worries. Injured people already face an uphill battle against insurance companies who sow the seeds of false doubt at every stage.

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