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Ethics For Attorney Tv Commercials

Advertising legal services is a lot like advertising anything else, but one difference stands out: these kinds of commercials are more highly regulated than others. All attorney TV commercials are subject to approval by the Federal Trade Commission (FTC) before they are allowed to air, and each state has its own laws regarding legal advertisements. These laws are intended to protect the public from unscrupulous advertising; in some states, they go a step further with the intention of protecting the image of the legal profession itself.
Your first step when developing your own attorney TV commercials should be to familiarize yourself with the rules of ethics regarding attorney advertising. Here are some of the things you need to watch out for when producing attorney TV commercials:
• Derogatory remarks about your competition. No matter how tough your competition is, don’t think you can get ahead by badmouthing them. Not only does it make you look bad, both to potential clients and to other attorneys, but it’s also both unethical and illegal.
• “Free” and other misleading advertising claims. Don’t ...
... make promises you can’t – or won’t – keep. Throwing around words like “free” when you can’t back them up is a surefire way to get yourself into trouble. And no matter how confident you are in your abilities, don’t call yourself an “expert” in your TV ad – some states prohibit such claims.
• Client testimonials. Every state has its own rules regarding the use of testimonials in advertisements. Client testimonials should only consist of their honest opinions, and just like advertising claims, you have to be able to substantiate them.
• Actors. Celebrity endorsements can help sell a wide variety of products and services – but not legal services. Not only does it smack of dishonesty to feature actors pretending to be lawyers in attorney TV commercials, but some states even prohibit it outright. No matter what you might think of your ability to represent your law firm in front of a camera, people are more likely to trust you if they know your face and voice before they call on your services. Some states also ban dramatizations, so think twice before you include that heart-wrenching portrayal of a fictitious personal injury case.
• Jingles. Some states don’t allow you to use jingles in attorney commercials. Even when that’s not the case, jingles aren’t a good fit for attorney commercials in the first place. Sure, jingles can get an audience’s attention and keep your commercial on their minds, but ask yourself: would you hire a law firm that advertises their services with one? People want their attorneys to take their cases seriously, and using an advertising tactic that’s better suited to fast food or used cars doesn’t exactly inspire confidence in that regard.
These rules apply not only to attorney TV commercials, but legal advertising in any media. Before you produce your own commercial, be sure to review the guidelines on the FTC website – catching any problems before you start will save you both money and embarrassment down the road. Hiring an advertising agency that works closely with well-respected lawyer associations will help you avoid future complications as well.
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