Legal Services Advertising

Problem

Consumers see doomsday ads about the lethal effects of medications or even general medical injury, and consequently stop using their medicine. This is often done without consulting a doctor, causing health problems for the patients and increasing litigation risk for the product manufacturers. 

These over-the-top advertisements from personal injury attorneys with catchy jingles and toll-free numbers pose a serious danger. These ads undermine the simple notion that physicians and health care providers, not personal injury lawyers or the “aggregators” who run the ads for the lawyers, should dispense medical advice.

The reason why trial lawyers pump significant money into these ad buys is because, armed with more clients, they can boost settlements and payouts when they go after large corporations. This leads to larger contingency fees for themselves.

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ATRA's Position:

ATRA supports legislation that places reasonable regulations regarding deceptive or misleading lawsuit or legal services advertisements.


Opposition Opinion:

The personal injury bar argues that such regulations infringe upon their first amendment rights.

Attorney Advertising – S.B. 383

Louisiana|2022

Sets forth the requirements and limitations for legal advertising consistent

[…]

Sets forth the requirements and limitations for legal advertising consistent with the U.S. Fifth Circuit’s opinion in Public Citizen v. Louisiana Disciplinary Board 632 F. 3d 212 (2011).


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Unchallenged

Attorney Advertising – S.B. 378

Louisiana|2022

Prohibits deceptive or misleading advertisements, specifically those presented as a

[…]

Prohibits deceptive or misleading advertisements, specifically those presented as a medical alert, health alert, drug alert, or public service announcement.


[hide]

Unchallenged