Improving Access to Clinical Trials Act

Guest888 · Guest

I am an attorney and my state, following what seems to be a trend, has enacted draconian (my characterization) advertising restrictions. Attorney ads in our state cannot state or imply (or even hint) that any result can be obtained. For example, if I use the words "most successful" in my advertisements, even if true, I would be getting a letter from the disciplinary counsel. I note, however, that a New York firm advertises nationally as "advocates" and they don't seem to be burdened by such a restriction . This firm seems to be taking an ever-increasing slice of my local market. I was wondering if others have had the same thought as myself, which is, to abandon practice as an attorney and start practicing as a nonattorney representative.

I understand that this would be difficult to do in the state where I am licensed. I know that the Florida bar had a ethics opinion which basically stated that the bar regulates lawyers practicing law even if nonlawyers can do the same thing. However, I am not an attorney in neighboring states and I was considering limiting my nonattorney practice to those states.

A few years ago, I would not have even considered this option but the trends seem to be favoring the national nonattorney firms over the local law firms. Additionally, a friend of mine moved to a state where he is not licensed and started practicing as a nonattorney and is doing quite well. He can formulate his advertising anyway he wants to and doesn't have the Bar Association or disciplinary counsel looking over your shoulder. He can even directly solicit business. He refers his federal court appeals to a local attorney.

Unless and until Social Security begins regulating nonattorney advertising, I think that nonattorney's will have an advantage in the marketplace.

Any thoughts?

David Traver · Posted: Sat Mar 13, 2010 08:26 pm Post subject:

You may wish to get ethics opinions from the various states, including your own. Would you trust an ethics opinion from somebody on the web?

My general impression is that there are plenty of unrepresented claimants who need attorneys. You don't need to go running after them in a cowboy hat. Put up a decent, honest, reasonable, good, professionally-made attorney ad and they will come to you.

Flatlander · Joined: 11 Nov 2008 Posts: 135

2nd Circuit Rejects Most of New York's Attorney Advertising Limits
New York Law Journal

In rejecting the bulk of New York's content-based restrictions on attorney advertising, the 2nd U.S. Circuit Court of Appeals held Friday that a ban on the use of nicknames like "Heavy Hitters" or client testimonials about pending cases violates the First Amendment. The circuit also held that preventing lawyers from employing special effects or portraying a judge in an ad did not "materially advance" the state's interest in prohibiting misleading speech.

to see the entire article

http://www.law.com/jsp/article.jsp?id=1202446194851&src=EMC-Email&et=editorial&bu=Law.com&pt=LAWCOM%20Newswire&cn=NW_20100315&kw=2nd%20Circuit%20Rejects%20Most%20of%20New%20York%27s%20Attorney%20Advertising%20Limits

For the decision click on Alexander v. Cahill in this link
http://www.ca2.uscourts.gov/decisions

Guest888 · Guest

The case just came out Friday and I missed it. Thanks for supplying the cite.

This is good news from my perspective.

False or misleading ads should be prohibited. Other than that, in my opinion, the government should keep their nose out of it.

Query: If a lawyer advertised that he was the "most successful" without stating the criteria for making that statement, would that be misleading?

Flatlander · Joined: 11 Nov 2008 Posts: 135

Instead of all the hype and the crap, why don't you advertise what you do.

For example:

I will personally work on your case. I do not ship it off to staff.
I will return your call, usually the same day.

With the cap at 6K and little overhead, it doesn't take too many wins to have a good year.

Guest888 · Guest

Flatlander: I basically agree with you. However, you cite the $6000 cap. In our area, many claimants are getting hearings within 6-9 months of request. At one time, almost all of our fees were full fees. This is not the case today. Astrue is making progress on the backlog. Instead of wasting time like Barnhart with all kind of changes (eliminating the AC?), Astrue put his head down and made progress. This backlog reduction will be coming to your area...sooner or later.

Full fees may soon be a thing of the past. That's good for the claimants but does make it more difficult to have a "good year" as you described it.

jayteef · Joined: 21 Jun 2009 Posts: 270

jayteef · Joined: 21 Jun 2009 Posts: 270

Another thing on advertising -

Most people who I talk to don’t even realize that most attorneys work on fee agreements. They just either think the attorneys who blatantly advertise that you don’t have to pay a fee unless they win your case are the only ones who have such agreement – or they aren’t even aware that such agreements exist.

I have a student in one of my classes that seems pretty obviously disabled to me. I swear – it hurts ME to see her get in and out of her chair and walk across the classroom. I talked to her about that at length the other day. She stated she applied for disability but was denied. She told me they determined she couldn’t do past work (LPN), but thought there might be other work she could do, or be trained to do. She is over 50. She received a reconsideration but did not appeal that.

I suggested she have an attorney look at her case and see if she could reopen the claim or file a new claim. She was concerned about the attorneys fees as well as the cost of getting medical opinions. She was pretty happy when I told her that in most cases the attorney would be paid from any past due benefits she would receive – but she was worried about how she would be able to pay the attorney if she didn’t win her claim.