The Florida Bar's Ad Rules Take A Good Step Back

Although I will fight for the rights of my clients who are charged with advertising violations, I am not a fan of lawyer advertising. I'm not talking about the listing in the directory or the ad in the charity dinner program or business journal. I'm talking about the cheesy inaccurate puffing that goes on in the yellow pages, on billboards, and on TV.

I have said, and strongly believe, that The Florida Bar has gone over the top in advertising regulation. I think they've gone so far into regulating every aspect of advertising that they don't know how to get out of it. The premise is clear: The public is stupid and must be protected. They cannot see through ads that proclaim the lawyer is the "best," and may find themselves disappointed if they hire one who talks about "past success." Thus, the Bar must protect the consumer from themselves. It amazes me that the public doesn't even realize that the Bar rules are aimed at their stupidity.

As reported on Public Citizen, as of yesterday, The Florida Bar has agreed to exempt online lawyer directories such as Avvo.com and Linkedin.com from its rules prohibiting client testimonials, statements of past results and comments on quality of services, settling a case brought by Public Citizen on behalf of a Boca Raton, Fla. attorney.

That attorney is Joel Rothman.

According to Public Citizen the settlement is an agreement by the Florida Bar to treat lawyer profiles on directory sites as information requested by the client, which is not subject to the same restrictions as unsolicited ads. The Bar will also review its lawyer advertising rules regarding Web sites maintained by lawyers and recommend changes to the Florida Supreme Court.

Public Citizen attorney Greg Beck, who represented Joel Rothman, states correctly that “this settlement is a victory for the free speech rights of attorneys and makes it far easier for consumers to make a decision on legal representation.”

This truly, is a victory. How anyone could think that a client, a real client, would put a lawyer in jeopardy by writing online that they were happy with the lawyer's services is beyond the pale. We complain that the profession has lost it's luster, that lawyers are no longer looked up to in society. Yet when a client of a lawyer wants to say something good about the lawyer, there's the Bar to run in and say, "no, can't do that."

I commend the Bar for settling this case in a manner that allows the consumer to speak, and exempts the lawyer from discipline for that speech (I can't even believe I'm writing that sentence. To think that the Bar would discipline a lawyer for the words of a client is shameful.)

I do hope the Bar takes a look at all the advertising rules, and takes a few more good steps back.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

BREAKING: Florida Bar Settles Suit, Exempts Online Lawyer Directories

The story is here, on Avvo's blog.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Clients Who Like Their Lawyer - Shut Up

Lawyer advertising rules and opinions continue to break the bounds of utterly ridiculous.

The premise of ad rules is simple: potential clients are dumber than dirt and need to be protected from themselves.

This is why lawyers can't say they are the "best," or "better than any lawyer in town." Because potential clients are stupid and will believe this, and immediately dump a pile of cash in a paper bag and run to hire the lawyer. Then, their case will be mishandled. Yeah.

Bar associations should be ashamed of themselves for proceeding on this notion.

Now South Carolina jumps into the fray. The ABA Journal has the story here.

A new opinion out of that state advises lawyers that if they “claim” a website listing by clicking on an “update this listing” link "or otherwise adopting the posted information must make sure the material conforms with ethics rules—even information that is posted by others, including clients."

Translated: client comments in favor of the lawyer are not welcome. The SC Bar will say that negative client comments are not welcome either, as the opinion talks about "false, misleading, deceptive or unfair" statements, but as I say much too often, let's be honest here.

In fact, the SC Bar is not subtle in their purpose:

Client testimonials, barred by state ethics rules, should not be solicited or allowed. More general recommendations or statements of approval—client endorsements—may be allowed if they aren’t misleading and don’t create unjustified expectations.
This is the best:

“If any part of the listing cannot be conformed to the rules (e.g., if an improper comment cannot be removed), the lawyer should remove his or her entire listing and discontinue participation in the service,” the opinion counsels.

What is going on here? Your clients can't say anything nice and if they do, you must delete the site.

Shameful.

Just shameful.

Cue the law professors:

Mercer University law professor David Hricik:

“Frankly, this one baffles me,” Hricik wrote.

No David, no reason to be baffled. This is clear. An unconstitutional ban on speech. We have gone too far and the SC Supreme Court will say so at some point.

Avvo general counsel Josh King, who duly notes the opinion is target at his company's site, told the ABA Journal that constitutional issues are all over this.

Yep.

Except the SC Bar doesn't care:

"The ethics opinion notes it is not addressing any constitutional questions"

Yeah, forget that.

Ethics opinions are just that, opinions. They may not be used (at least in Florida), by a complainant in a Bar Grievance.

They're guidance, that's all.

This one, is garbage.

That's all.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

The Results Of My Initial Criticism Of AVVO: A Speaking Invitation

Yesterday online lawyer directory AVVO kicked off their national tour in Miami. I, having a ton to say in criticism of online lawyer marketing, was invited as a featured panelist.

This in and of itself is pretty fascinating because if you don't know, the self-proclaimed and lacking in credibility internet/social media/tech expert lawyer "advisors" have a rule that they do not address dissent, nor answer questions about their backgrounds. I was on a webcast last month talking about social media and lawyers, and the snake-oil salesmen and "social media experts" were all a twitter about how there was "disagreement" on the panel.

One of the first comments from AVVO about me yesterday was that their first interaction with me was "not positive." But there they are, saying "come speak on a panel with us, let's have a real discussion."

Initially, I questioned the concept of AVVO and the issue of being about to enter information on a profile that increases your rating. I sent AVVO a list of questions, and they answered every one of them - fully and honestly.

Too bad most of the social media people avoid real discussion that hurts their attempts to prove the greatness of themselves that is a complete fallicy.

If this AVVO tour is coming to your town, go.

Here's why:

Yes, they are there to tell you about AVVO, and yes they do have products and services that cost money - it is a business you know. But the 3 1/2 hours are filled with tips on general online marketing and is perfect for someone who has no idea about blogging, facebook, twitter, or other sites that lawyers use to market.

The advice is right from CEO Mark Britton and others who have a good sense about how lawyers are perceived, and what they can do to have a better online presence.

And it's free.

I tweeted the conference yesterday, and my comments can be found at http://search.twitter.com. At that site, type in #avvotour.

Here's some of what I said:

[1] If you have an online presence, you must have an offline presence. You must be a real lawyer with a real practice with real clients, and not just be creating an image on the net.

[2] You can whine and moan that twitter is a waste of time. 55 million people are "wasting their time" on twitter. There you will find former clients, potential clients, current clients, other lawyers, people looking for lawyers, and people who don't need you now, but may, or may know someone who will.

[3] Don't post specifically about your clients or specific information about your children.

[4] When blogging or twittering, know that people are more interested in non-technical legal talk.

[5] Social media is not about you, it's about everyone else. As Mark Britton said, it's a party, if you're there "pumping yourself" people won't listen and will grow tired of you. Here's a twitter account I grew tired of quickly: http://twitter.com/coloradodui

[6] Blogging is the best way to let people know who you are, and what you're thinking.

[7] If you're joining social media solely for the purpose of making money in your practice, it will never work.

Thanks to the guys at AVVO for asking me to join them in a real conversation about the future of online marketing for lawyers.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

AVVO Had Credibility At Some Point?

Lots of discussion lately about AVVO, the newest lawyer rating website.

Leading Lawyer Marketing Blogger Larry Bodine has this post of a collection of other bloggers mention of AVVO, including one from my dear friend Scott Greenfield, who laments about AVVO beginning to sell ads on their site.

Larry, my friend, in this humble lawyer's opinion, AVVO never had credibility.

My basis for saying this?

When I first looked at AVVO my rating was 6.2. I had done nothing with my profile. I have no idea from where this rating came.

I began to enter details of my practice and highlights of my career. It went to 7 point something, to 8.3 to finally, 10.0.

I am rated 10.0 on AVVO because I entered a bunch of crap that happened in my career in the last 15 years. Offices I've held, awards I've received. All true, but none of it verified.

That's not a rating system, that's nothing more than a technological version of that carnival game where you slam a huge mallet on a scale and the numbers go up and up and up.

I have on my website that I have this rating, as certain clients may care. I can tell you though that if anyone ever mentioned it to me in the hiring process, I'd be quick to tell them I think it's a bunch of crap.

It's a game. I think it took me 4 minutes to go from 6.2 to 10.0

That's about all on AVVO.

I was just wondering why anyone in the legal community ever thought this site was credible.

It's just not, in my 10.0 opinion.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com