Stay of Execution: All Request Tuesday: Lawyer Ads

David asks what I think about the Florida bar, and its apparent crusade to besmirch a law firm that uses a pit bull in its advertising. All I know about the story I got from reading David's summary, so I'm hardly one to opine. But here's my take.

I think it's a waste of time for the bar association to chase after lawyers in defense of "professional dignity." That strikes me as narrow-minded and patronizing. And undignified. There are some lawyers in our market who did an ad where they stare steely-eyed into the camera while one holds a baseball bat and taps it against his other hand sort of ominously while they profess to be very tough. I think it's silly, but I think it would be even sillier if the bar association and the talents of a lot of smart people were wasted trying to shoehorn them into some narrow idea of taste and decorum. It would be some good looking guy in an expensive suit strolling thoughtfully through a walnut library with lots of leather-lined books, perhaps? Please. That's not particularly relevant to the truth about many lawyers or clients.

Now on the other side: Pit bulls get a bad rap. I understand they're not as vicious as the media portray them to be, and they probably are tenacious, determined, loyal, etc. A pit bull owner I know has talked at length to me about what sweet, mild-mannered creatures they are. Something tells me that's not the connotation the Florida lawyers were going for. I'm sure an articulate person could explain to me the positive attributes of a baseball bat, but to me the clear undercurrent of both the baseball bat and the pit bull are violent images. At best they're helpful defensive shields from attack. But the common image of both is that they are weapons for attack and damage and pain, things that empower someone to be a bully. And I think to the extent that lawyers are equating violence and civil litigation, it's a lousy thing to do. It encourages clients who seek revenge or power to see the legal system as a weapon. To some extent that's realistic, I suppose. But I think there is a professional responsibility not to stir up such sentiments.

So on the pit bull front, I guess I'm mixed. I think lawyers with integrity and brains should be able to brand themselves in unconventional ways. I think the profession shouldn't attempt to impose taste on its members. And I think lawyers who care about justice need to recognize the popular misconceptions about the law out there -- the idea that litigation can be a get rich quick scheme, or a way to hurt people before they hurt you or get back at them if you've had to suffer -- and avoid advertising that appeals to people's fear or greed or violent impulses.

Comments

Thanks for being so prompt, Sherry, and for an interesting and helpful reply. I agree that use of a snarling and vicious pit bull would be ill-advised, but I think the image used by Pape & Chandler fits with their goal -- showing themselves as loyal, determined, aggressive protectors of their clients -- and their target audience of motorcycle accident victims.

Posted by: David Giacalone | October 12, 2004 at 02:43 PM