subject: The Lawyer Advertising Truth Will Set You Free [print this page] Depending on the state where you practice law, there are different restrictions your bar association may place upon your legal marketing and lawyer advertising methods. Of course, in any advertising method it's illegal to lie about your services and qualifications. Unfortunately, there are still attorneys out there who manage to make outrageous claims in their lawyer advertising.
Avoid Making False Claims
I caution all my clients that there's no way an attorney can guarantee a settlement amount (or a settlement at all) even if they think you have the greatest case ever. The fact is, there's just no guarantee that a case will settle, and for any specific amount, until the final paperwork is signed and filed. Still, I see lawyer advertising that blares "GUARANTEED SETTLEMENT" or "FULL COMPENSATION FOR YOUR INJURIES" in huge screaming messages.
Not only is this poor legal marketing, it's also a false claim. Even the greatest lawyer with the ideal client and most cut-and-dry case of negligence and personal injury can't predict the final dollar amount of a settlement until the offer is signed and a check is in hand.
It's similar to a doctor guaranteeing a patient that the surgery they are about to perform will grant them results. There are so many things that can happen between surgical preparation and procedure recovery that you just can't guarantee such things.
Don't Promise What You Won't Deliver
One of the biggest problems I see with legal marketing is that many lawyers will tout their experience at closing cases, but paint their picture of success in a very specific light. Fancy statistics and percentile rates give clients false hope that this attorney is competent in settling cases. If a lawyer advertising method says an attorney has a 95% settlement rate,all that says is that 95% of their cases weren't denied.
A high settlement rate says nothing about a lawyer's trial experience. Good legal marketing will help emphasize the attorney's trial experience, not hide it. The reason many lawyer advertising methods neglect to mention trial experience is because the attorney doesn't have any!
If you're not willing to take cases to trial-and many attorneys are not-you need to inform your clients that you settle your cases without court. This is an important factor to many clients. Some actually don't want to go to court, and some will get their shot at full compensation. But it's best to disclose your willingness to go to trial early, so you don't have an angry client on your hands when you try to settle their case out of court.
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