Lawyer Advertising

Jamie Casino has been on a roll. First he beat insurance companies with a sledgehammer from what appeared to be the set of Book of Eli, and then he forever answered the question, “What if Metallica made a personal injury lawyer ad?” — in a Super Bowl commercial that went viral.

He’s really raised his game. I mean, he didn’t always make commercials out of smoke pots and awesome.

And now he’s hit another milestone. Because the sign of a truly great artist is not the work of art itself, it’s inspiring others…

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Elizabeth Wurtzel

* Elizabeth Wurtzel: “I am a lawyer. The first rule of law: All the promises will be broken. Attorneys could not be in business if people did not fail to do what they agreed to do all the time — and lawyers are very busy.” [Nerve.com]

* Laura Ingraham clerked for SCOTUS, so presumably she knows that Puerto Ricans are American citizens — right? [Media Matters]

* Chief Judge Alex Kozinski, known for zero tolerance of prosecutorial misconduct, has written the foreword to a new book on the subject. [Facebook]

* In addition to the one we mentioned yesterday, here’s another petition for the Obama Administration that’s aimed at addressing the student debt crisis. [WhiteHouse.gov]

* Thomson Reuters Concourse keeps getting bigger and better. [Thomson Reuters]

* Appellate law? In California? What’s not to like? Check out these job openings in the California SG’s office. [California Department of Justice; California Department of Justice]

* Want to know the backstory behind the awesome Jamie Casino Super Bowl ad? Keep reading….

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Here was the ominous message that my colleague Joe Patrice received late last week from Georgia personal-injury lawyer Jamie Casino:

Hey Joe,

I saw the [story] you wrote about me. Good work. I got something big coming out at halftime during the Super bowl. Be sure to check it out.

JC

I didn’t know if that was a threat, but now I see that it was a promise. We couldn’t “check it out” during the game, being up here in New York, but afterwards readers started sending us tips about an explosive lawyer ad that had played locally in Georgia.

Uhh… be sure to check it out…

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A 30-second TV spot during this weekend’s Super Bowl is going for $4 million. I say this to remind everyone that advertising is a big business, and we all expect an advertiser to put a lot of time and effort into an ad that makes its way on screen.

And then there’s this guy.

We’ve covered a lot of ads over the years, ranging from the intentionally hokey to the downright awful (and possibly unauthorized). But this one really shocked me. I just can’t believe it made it on the air…

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A few months back at my home blog, MyShingle, I wrote about a small Michigan law firm that sued a legal marketing company for fraud and RICO violations, alleging that the company created a “bogus Internet marketing program, supposedly designed for small law firms and sole practitioners” and duped firms into participating in the program through a series of misrepresentations about the company’s ability to boost law firms’ Google rankings. The lawsuit is still pending in federal district court in Arizona (Docket No. 2:13-cv-01502).

Though few expressed sympathy for the firm, suggesting that it was greedy or foolish to fall for the marketing company’s “infomercial-like” sales pitch, in my view the lawsuit raised a valid question: Should law firm marketers, practice management advisers, and other vendors pitching services to improve law firm performance remain accountable, at least to some degree, for the results?

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If you’re looking for an attorney to smite your enemies with the power of Thor, we have your man.

One lawyer vows to “pound money out of big insurance companies” on your behalf, and he’s willing to provide a visual demonstration. In a new television commercial, Georgia attorney Jamie Casino takes a hammer to those insurance companies threatening to deny plaintiffs their just compensation for everything from car accidents to dog bites.

And he dresses like a badass while doing it, too…

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The kind of person who makes the rules about lawyer advertising through text messages.

When I find myself pontificating on lawyer propriety, you know things are bad. But a new ruling from the Ohio Supreme Court leaves me with no choice. Ohio has decided that it’s okay for lawyers to text message accident victims to advertise their services.

Can you imagine sitting in a hospital, recovering from injuries, and then getting a text message from an unknown number: “R U OK? I can get U $$$. I sue ppl 4 U!”

We live in a world where the Ohio Supreme Court said that such solicitations are “helpful.” In other news, we live in a world where old judges who don’t know what the f**k they’re talking about get to make the rules about technology they don’t understand….

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Keith Lee

Ed. note: Please welcome Keith Lee of Associate’s Mind, one of our new columnists covering the world of small law firms.

If you are a new lawyer in a small firm, you need to be prepared to have fear as a companion at times. Fear of missing deadlines, screwing up a discovery response, pissing off a partner. Fear of not having enough clients, being unable to make payroll, disappointing your family. From substantive case matters to interpersonal relationships, a dozen different challenges arise daily in a small firm that can cause stress, anxiety, and fear.

If you’re not careful, it can be crippling. Everyone is going to be afraid at times. Whether it is fear of a cranky old judge or looking like an idiot in front of your clients. What matters is how you deal with that fear.

Fear can also be fuel. Fear can motivate you to research an issue to exhaustion in order to ensure that you are absolutely correct in your position. Fear can cause you to to beat the streets, get in front of people, and land new clients. Fear encourages hard work, due diligence, and skill development.

Perhaps most importantly for new lawyers, fear should beget caution. As a new lawyer, you need to know what you don’t know. That some clients are too much for you to handle, no matter how much you try to research and learn about the issues. Experience matters. As a new lawyer, you don’t have it. And fear can help you check yourself and reflect on whether or not you are prepared to handle certain matters. But whether it be through hubris or ignorance, young lawyers continue to bite off more than they can chew….

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Over the holiday weekend, there’s been a lot of activity surrounding the racist law firm advertisement we wrote about on Wednesday. First, the firm’s Facebook page declared that the firm was the victim of hacking and that they absolutely did not sanction the ad for their firm posted on YouTube.

Then the head of the production company who posted the ad — and who employs the stereotypical character in multiple ads — wrote a missive swearing that it was hired by the firm and that they provided the script. The production company is also butthurt that Above the Law labeled the ad racist, even though the YouTube post openly trolls viewers to lighten up about its content. I wonder why they’d expect people to be up in arms over their content. Certainly not because they expect people to think it’s racist.

Now the law firm has sent us a direct statement, and this whole tale is super-crazy…

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We recently asked readers to submit possible captions for this example of innovative lawyer advertising:

Over the holiday weekend, you voted on the finalists, and now it’s time to announce the winner of our contest….

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