For Lawyers, the Adman Cometh

More and more practitioners find that it pays to make a pitch

No one raised an eyebrow back in 1838, when Springfield, Ill., Lawyer Abraham Lincoln's name appeared in a newspaper ad. By the early 1900s, however, most states had outlawed attorney advertising because it was considered unnecessary and, worse, unseemly. Then, in 1976, two young Phoenix lawyers took out a one column ad offering "legal services at very reasonable fees" and listed six examples. The pair were censured by the Arizona Supreme Court. A year later they won vindication: a U.S. Supreme Court ruling that the First Amendment bars prohibition of lawyer advertising, unless, for example, it is "false, deceptive or misleading."

Since that decision, only one in ten of the nation's lawyers has ventured into advertising. Many still fear that they will be stigmatized. Furthermore, in setting guidelines, many states have retained substantial barriers. Ten states bar slogans, twelve prohibit ads on TV, and Mississippi forbids rhetorical questions like

"Do you need a lawyer?" Many of these restrictions may not survive much longer, though. In its next term the high court will decide whether Missouri is entitled to discipline a lawyer whose Yellow Pages ad identified one of his specialties as "personal injury" rather than "negligence," the state-approved word. In the process, the Justices could wipe out almost all such impediments.

Most attorneys who have tried advertising have stuck to newspapers and phone books, typically running so-called tombstone ads that specify their specialties and prices. A survey by the Los Angeles Times, however, found that 42% of such ads in its editions drew no responses.

Television has proved far more effective. In Denver, the Legal Clinic of Sarney, Trattler & Waitkus credits four slick 30-second TV spots for a 35% boost in business. Says Partner Saul Sarney: "We're reaching a whole group of people who didn't know what their rights were and felt intimidated by lawyers." In one bankruptcy ad, a violin plays as workmen cart furniture out of a home and a voice intones: "When financial tragedy strikes, you don't have to lose everything ... There are laws to protect you."

Sometimes ads can succeed beyond a lawyer's wildest dreams. Madison, Wis., Attorney Ken Hur, founder of a low-cost legal clinic, pushed its services with a variety of novel pitches that he says made him "the advertisingest lawyer in America." A hearse, for example, began to rumble along local streets with a printed message promoting $15 wills. Before long, Hur left the clinic and boosted his own hourly charge to $100. He explains, "I had to raise my rates to drive away business."

Another advertising option is direct mail, which enables the sender to pinpoint his audience. Islip, N.Y., Lawyers William Harrison and Alfred Koffler were dissatisfied with their newspaper-ad campaign offering house closings for $235, so they reduced their rate another $40 and sent out letters to 7,500 homeowners. The result: 200 clients and disciplinary proceedings by the local bar association. While New York State's highest court backed the pair and ruled that direct mail was allowed, 38 states still prohibit it.

The ultimate beneficiaries of lawyer advertising, besides the aggressive clinics and attorneys like Ken Hur, whose campaigns catch on, may be consumers, mainly because they should end up better informed. Says the American Bar Foundation's Lori Andrews, author of a book on the subject (The Birth of a Salesman): "Right now people spend more time choosing a TV set than a lawyer." Arizona State University Professor Steven Cox believes that, at least for those seeking something routine like a simple will, there will be another benefit: reduced fees.

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