Howard Weitzner, attorney, Cutler Rader, Deerfield Beach, Florida.

Some seasoned members of the legal profession may recall a time when attorney advertising was prohibited. Over the past several years, however, we have seen a proliferation of it through various media. Indeed, attorney advertising has not only become the norm, but it has become almost essential for the continued success and viability of a law firm. Though many lawyers often speak of the ethical implications of attorney advertising—and rail against the larger firms with seemingly limitless resources to execute formal campaigns—their nobility and pride often give way to the harsh reality of the situation. If they wish to remain in the competitive marketplace of legal representation, they are forced to advertise. In other words, if everyone else is doing it, then I have to, also.

Irrefutably, advertising works. When I worked at a large firm with a successful advertising and marketing strategy, I saw firsthand how these advertisements made the phone ring. While we did have a regular stream of new clients, the unintended drawback was the effect of the advertising on members within the legal community. Routinely, I would hear attacks from attorneys at other firms and face their scorn at social gatherings and on email Listservs. Countering these barbs by stating we were playing within the rules—the advertisements had been approved by the Florida bar and that we wouldn't do it if it didn't work—did little to diffuse the situation. Opposing counsel would also attempt to use our ads against us, particularly at trial in the voir dire stages. Again, the firm had done absolutely nothing wrong. The advertisements were factually accurate, effective, and bar-approved. But for a large segment of our professional brethren, it just seemed wrong.

Over time, many of these complaints gave way to similar advertising by other firms. These days, we live in a world where whoever shouts the loudest wins. If you want to compete, and remain in business, you need to play the same game as everyone else. All that said, smaller firms simply cannot compete with larger firms when it comes to advertising dollars. Like it or not, attorney advertising is here to stay.

This is the part where public education comes into play. At the heart of Florida's rules on attorney advertising, and those employed by the American Bar Association, is the well-intentioned purpose to protect the public from false or misleading advertising. And, while most of these ads do appear to be permissible and accurate, a law firm's willingness to spend millions of dollars annually on a media blitz should never be confused with its ability to provide professional, top-quality representation. While many lawyers who implement paid advertising campaigns are excellent at what they do, you should not retain them simply because they have the most impressive self-promotion techniques. Teaching the public that hiring an attorney is among the most important decisions that they will make in their lives, that they only have one chance with their case, and that they should take the time to meet with prospective counsel and interview them will, in part, negate the effect of “big advertising.”

So, what can we do about it? A lot.

Remind friends, colleagues, and prospective clients that they are not choosing what soda to drink or what shoes to wear. Instead, they are deciding who will be their voice in the courtroom, who will protect their rights, and who will be their advocate, counselor and adviser throughout their legal matter's lifecycle. Is this someone that should be hired based upon a 30-second television spot? The attorney-client relationship is just that—a relationship—one that must inherently be built upon certain foundational elements, such as trust, respect and confidence. Those fundamentals cannot be realized from a billboard or a television commercial, so doing your due diligence becomes paramount. Meet with the attorney—not his staff—you plan to hire. Ask questions about her education, experience and how she intends to handle your case. Does his personality mesh with yours? Has she handled similar cases in the past? Most importantly, ask yourself, “Do you feel comfortable with this attorney working for you on a matter that will have a lasting impact on your life?”

The answers to these critical questions cannot be determined from a billboard. Once the general public understands why, and resists the “shiny-object syndrome” and “loudest-voice-in the-room” mentality, perhaps we could see the pendulum swing back the other way, and allow our accomplishments, reputations and abilities speak for us.

Howard J. Weitzner is an attorney with Cutler Rader, a leading South Florida law firm specializing in personal injury and commercial litigation. Contact him at [email protected].