Whenever I pass a roadside diner promising something like “world’s best cherry pie,” I think about lawyer advertising restrictions. Because no law firm or lawyer could tout themselves as the best or greatest—and many of the taglines, phrases and symbols used to market products and services to consumers are restricted or outright prohibited in the legal profession.
Of course, I’m a sucker for that cherry pie. And it never is remotely close to the best I’ve ever had, but I also know the difference between a marketing message and stark reality. Which all somehow leads into the topic of my marketing column in the July/August 2018 issue of the ABA’s Law Practice Magazine, Law Marketing Model Rule Revisions – Better Late than Never?
It remains to be seen what will actually happen to the proposed model rule changes to law marketing and advertising when it gets to the ABA House of Delegates in August. After all, it is a long way from the ABA Standing Committee on Ethics and Professional Responsibility (which arrived via multiple reports starting in 2015 from the Association of Professional Responsibility Lawyers—APRL) to the House floor. The debates at the ABA Midyear Meeting in Vancouver this past February volleyed back and forth between those that thought the suggested revisions went too far, and others who firmly believed they did not go far enough. Of course, once something is approved—state bars often like to remind us that they are nothing more than “model” rules, and that the states will decide themselves what direction lawyer advertising should go in down the pike.