You are on page 1of 26

The Truth

About Lawyer
Advertising

The Truth
About Lawyer
Advertising

The Truth
About Lawyer
Advertising

The Truth
About Lawyer
Advertising

By
Attorney Daniel L. Buckfire
with Benjamin W. Glass, III, Esq.

By
Attorney Daniel L. Buckfire
with Benjamin W. Glass, III, Esq.

Daniel L. Buckfire
Attorney at Law
17117 W. 9 Mile Rd.
Suite #1135
Southfield, MI 48075
(248) 569-4646

Daniel L. Buckfire
Attorney at Law
17117 W. 9 Mile Rd.
Suite #1135
Southfield, MI 48075
(248) 569-4646

www.buckfirelaw.com
daniel@buckfirelaw.com

www.buckfirelaw.com
daniel@buckfirelaw.com

Copyright 2008 by Daniel L. Buckfire

Copyright 2008 by Daniel L. Buckfire

Printed in the United States of America.

Printed in the United States of America.

All rights reserved. No part of this book may be used or reproduced in any manner whatsoever
without written permission of the author.
ISBN: 978-159571-241-7

Word Association Publishers


205 Fifth Avenue
Tarentum, PA 15084
www.wordassociation.com

All rights reserved. No part of this book may be used or reproduced in any manner whatsoever
without written permission of the author.
ISBN: 978-159571-241-7

Word Association Publishers


205 Fifth Avenue
Tarentum, PA 15084
www.wordassociation.com

Daniel L. Buckfire

Myths About Lawyers and Lawyer Advertising


All lawyers have basically the same training

The bar association determines whether a lawyer can advertise that he is a divorce lawyer or a
personal injury specialist

Daniel L. Buckfire

Myths About Lawyers and Lawyer Advertising


All lawyers have basically the same training

The bar association determines whether a lawyer can advertise that he is a divorce lawyer or a
personal injury specialist

All lawyers go to trial

All lawyers go to trial

A lawyer who is good at DWI cases will be good at personal injury cases

A lawyer who is good at DWI cases will be good at personal injury cases

All lawyers have basically the same experience

If a lawyer advertises that he accepts certain types of cases, he actually has experience with those
types of cases

All lawyers have basically the same experience

If a lawyer advertises that he accepts certain types of cases, he actually has experience with those
types of cases

A lawyer who advertises will actually be the lawyer handling your case

A lawyer who advertises will actually be the lawyer handling your case

Lawyers with full-page Yellow Pages ads must be good lawyers, otherwise they couldnt afford to

Lawyers with full-page Yellow Pages ads must be good lawyers, otherwise they couldnt afford to

A lawyer referral service is a good way to find the right lawyer for your case
pay for the ads

Lawyers who advertise on TV must be super-successful

Lawyers at Internet Find-A-Lawyer directory sites are carefully screened for qualifications

A lawyer referral service is a good way to find the right lawyer for your case
pay for the ads

Lawyers who advertise on TV must be super-successful

Lawyers at Internet Find-A-Lawyer directory sites are carefully screened for qualifications

The Truth About Lawyer Advertising

The Truth About Lawyer Advertising

The Truth About Lawyers and Lawyer Advertising

The Truth About Lawyers and Lawyer Advertising

Not all lawyers have the same training. Warren Burger, former Chief Justice of the Supreme Court,

Not all lawyers have the same training. Warren Burger, former Chief Justice of the Supreme Court,

training throughout their careers, but for some, the last time they learned anything new about their

training throughout their careers, but for some, the last time they learned anything new about their

once warned a lawyer is not qualified, simply by virtue of admission to the bar, to be an advocate

in trial courts for matters of serious consequence. Many lawyers continue their professional
craft was in law school.

once warned a lawyer is not qualified, simply by virtue of admission to the bar, to be an advocate

in trial courts for matters of serious consequence. Many lawyers continue their professional
craft was in law school.

The bar association does not determine whether a lawyer can advertise that he is a divorce lawyer

The bar association does not determine whether a lawyer can advertise that he is a divorce lawyer

Not all lawyers go to trial; some who advertise for personal injury or medical malpractice cases have

Not all lawyers go to trial; some who advertise for personal injury or medical malpractice cases have

Not all lawyers have basically the same experience. This may seem obvious, but many people (and

Not all lawyers have basically the same experience. This may seem obvious, but many people (and

A lawyer who is good at DWI cases will not necessarily be good at personal injury caseswhile

A lawyer who is good at DWI cases will not necessarily be good at personal injury caseswhile

The fact that a lawyer advertises that he accepts certain types of cases does not necessarily mean

The fact that a lawyer advertises that he accepts certain types of cases does not necessarily mean

Yellow Pages for malpractice cases, for example, actually have real experience handling a

Yellow Pages for malpractice cases, for example, actually have real experience handling a

or a personal injury specialist. There are virtually no restrictions on the types of cases that a
lawyer can advertise for in an advertisement.
never gone to trial.

some lawyers) think a lawyer is a lawyer is a lawyer.

this may have been true in the old days, today the practice of both DWI and personal injury cases
are highly specialized. The same goes for just about every other type of law.

that he actually has experience with those types of cases. Again, there are no strict rules against

advertising for cases with which you have no experience. Not all lawyers who advertise in the
malpractice case.

or a personal injury specialist. There are virtually no restrictions on the types of cases that a
lawyer can advertise for in an advertisement.
never gone to trial.

some lawyers) think a lawyer is a lawyer is a lawyer.

this may have been true in the old days, today the practice of both DWI and personal injury cases
are highly specialized. The same goes for just about every other type of law.

that he actually has experience with those types of cases. Again, there are no strict rules against

advertising for cases with which you have no experience. Not all lawyers who advertise in the
malpractice case.

A lawyer who advertises will not necessarily be the lawyer handling your case. Some lawyers

A lawyer who advertises will not necessarily be the lawyer handling your case. Some lawyers

A lawyer referral service is not necessarily a good way to find the right lawyer for your case.

A lawyer referral service is not necessarily a good way to find the right lawyer for your case.

advertise for cases simply to refer them out to other lawyers for a fee.

Lawyers pay to be on these lists and no one checks to see whether the lawyer has experience in your

type of legal matter.

advertise for cases simply to refer them out to other lawyers for a fee.

Lawyers pay to be on these lists and no one checks to see whether the lawyer has experience in your

type of legal matter.

Daniel L. Buckfire

A full-page ad in the Yellow Pages is not necessarily a sign of success. Some lawyers run a volume

practice, hoping to make a little money off each caseusually by settling most, if not all, of the

cases. Shockingly, in some offices, paralegals handle virtually the entire case. The only time you see

the lawyer may be if his face is on the TV, billboard or Yellow Pages ad.

Daniel L. Buckfire

A full-page ad in the Yellow Pages is not necessarily a sign of success. Some lawyers run a volume

practice, hoping to make a little money off each caseusually by settling most, if not all, of the

cases. Shockingly, in some offices, paralegals handle virtually the entire case. The only time you see

the lawyer may be if his face is on the TV, billboard or Yellow Pages ad.

Most Internet lawyer directories are nothing more than another advertising media. Lawyers are

Most Internet lawyer directories are nothing more than another advertising media. Lawyers are

How Does A Former Television Celebrity Know


Which Lawyer is Best For Your Case

How Does A Former Television Celebrity Know


Which Lawyer is Best For Your Case

Lawyer Disciplined by State Bar Association For Ads


That Showed Him in Court Even Though He Had
Never Tried a Case to a Jury

Lawyer Disciplined by State Bar Association For Ads


That Showed Him in Court Even Though He Had
Never Tried a Case to a Jury

Did You Hear About the Attorney Who Has


Never Lost a Case

Did You Hear About the Attorney Who Has


Never Lost a Case

The Hammer Gets Hammered by the Bar Association

The Hammer Gets Hammered by the Bar Association

Law Firm Disciplined for Deceptive Ads Showing Insurance Company

Law Firm Disciplined for Deceptive Ads Showing Insurance Company

Settling Cases on the Mere Mention of Its Name

Settling Cases on the Mere Mention of Its Name

solicited daily to pay big bucks to have an exclusive listing as a personal injury specialist in a
particular city. The check they mail is sometimes their only qualification.

solicited daily to pay big bucks to have an exclusive listing as a personal injury specialist in a
particular city. The check they mail is sometimes their only qualification.

The Truth About Lawyer Advertising

What is This Book all About?

The Truth About Lawyer Advertising

What is This Book all About?

It wasnt until 1977 that lawyers were allowed to advertise. Before that time, in order to find
out anything at all about a lawyer, you had to go talk to one. Then, two lawyers in Arizona got bold
and began advertising low prices. Other lawyers tried to put a stop to this probably so that they
could keep charging people higher fees. The bar association tried to ban their ads. Their case went
all the way to the Supreme Court of the United States. The Court ruled that lawyers could advertise.

It wasnt until 1977 that lawyers were allowed to advertise. Before that time, in order to find
out anything at all about a lawyer, you had to go talk to one. Then, two lawyers in Arizona got bold
and began advertising low prices. Other lawyers tried to put a stop to this probably so that they
could keep charging people higher fees. The bar association tried to ban their ads. Their case went
all the way to the Supreme Court of the United States. The Court ruled that lawyers could advertise.

Almost 30 years later, lawyer advertising has gotten out of control. When Bextra, a leading
pain medication, was pulled from the market recently, I was inundated, within hours, with emails and
faxes encouraging me to Buy Bextra Ads because, as one email put it:

Almost 30 years later, lawyer advertising has gotten out of control. When Bextra, a leading
pain medication, was pulled from the market recently, I was inundated, within hours, with emails and
faxes encouraging me to Buy Bextra Ads because, as one email put it:

When the Court said [T]he only services that lend themselves to advertising are the routine
ones; the uncontested divorce, the simple adoption, the uncontested personal bankruptcy, [and] the
change of name, it obviously could not have predicted what was to come.

Bextra is being pulled from the market today. The time to advertise is now. I can
help. There will be lots of competition for these caseswe can run ads immediately.

When the Court said [T]he only services that lend themselves to advertising are the routine
ones; the uncontested divorce, the simple adoption, the uncontested personal bankruptcy, [and] the
change of name, it obviously could not have predicted what was to come.

Bextra is being pulled from the market today. The time to advertise is now. I can
help. There will be lots of competition for these caseswe can run ads immediately.

The problem was that I have no experience handling a defective drug case, yet, this lawyer
(yes, it was a lawyer who sent the ad) was soliciting me to buy ads so that I could, I guess, refer those
cases to him (for a big fat referral fee). Sometimes they even offer to pay me to advertise in order to
get local recognition. They still want the cases, though.

The problem was that I have no experience handling a defective drug case, yet, this lawyer
(yes, it was a lawyer who sent the ad) was soliciting me to buy ads so that I could, I guess, refer those
cases to him (for a big fat referral fee). Sometimes they even offer to pay me to advertise in order to
get local recognition. They still want the cases, though.

I looked through the Yellow Pages the other day at the lawyer ads. There were 47 pages of
lawyer ads. Some ads covered two pages! One showed a horrendous scene of an overturned car with
a helicopter flying overhead. One had a picture of a snarling tiger on it.

I looked through the Yellow Pages the other day at the lawyer ads. There were 47 pages of
lawyer ads. Some ads covered two pages! One showed a horrendous scene of an overturned car with
a helicopter flying overhead. One had a picture of a snarling tiger on it.

If youve been in an accident, call me. Quick! Right now! I can get you the
money you deserve. It costs you nothing.
I care about you!

If youve been in an accident, call me. Quick! Right now! I can get you the
money you deserve. It costs you nothing.
I care about you!

Yes, lawyer advertising is out of control.

Just turn on the TV. All lawyer ads seem to say the same thing:

I turned back to the Yellow Pages, looking for something that might actually help a consumer
figure out if she really needed a lawyer and, if so, how to choose the right lawyer for her case. I was
looking for solid information, not fluff. Instead, I found nothing but these slogans:

Yes, lawyer advertising is out of control.

Just turn on the TV. All lawyer ads seem to say the same thing:

I turned back to the Yellow Pages, looking for something that might actually help a consumer
figure out if she really needed a lawyer and, if so, how to choose the right lawyer for her case. I was
looking for solid information, not fluff. Instead, I found nothing but these slogans:

Daniel L. Buckfire

Daniel L. Buckfire

Major Accidents Only

Major Accidents Only

Settlements in 30 Days!

Settlements in 30 Days!

No Office AppointmentNo Court

No Office AppointmentNo Court

Cash for Your Pain

Cash for Your Pain

100 Years Combined Experience

100 Years Combined Experience

Quick Settlement of Your Injury Case

Quick Settlement of Your Injury Case

Aggressive Legal Representation

Aggressive Legal Representation

Well Refer You to the Right Doctor

Well Refer You to the Right Doctor

If You Have a Phone, You Have a Lawyer

If You Have a Phone, You Have a Lawyer

Were the Law Firm that Cares About You

Were the Law Firm that Cares About You

Aggressive, Experienced, Compassionate

Aggressive, Experienced, Compassionate

No Recovery-No Fee

No Recovery-No Fee

Free Consultation

Free Consultation

Member of Million Dollar Roundtable

Member of Million Dollar Roundtable

The Law is my Profession

The Law is my Profession

Highest Rated

Highest Rated

Fighting for Justice in an Unjust World

Fighting for Justice in an Unjust World

We Will Fight For You

We Will Fight For You

Biggest Verdict in the City

Biggest Verdict in the City

$5,000,000 Recovery In Car Wreck Case

$5,000,000 Recovery In Car Wreck Case

Full Service Law Firm

Full Service Law Firm

The Truth About Lawyer Advertising

HOW PICKING THE WRONG LAWYER


RUINED A GOOD CASE

The Truth About Lawyer Advertising

HOW PICKING THE WRONG LAWYER


RUINED A GOOD CASE

A short while ago, a nice woman was referred me from a health care professional
because she did not believe that she was being properly represented by her lawyer. Her
lawyer, who specialized in employment law cases, told her that he also handled serious
auto accident cases. She was in a serious car accident and had significant injuries. She
had not returned to work since the accident and her medical bills were being rejected by
her car insurance company.

A short while ago, a nice woman was referred me from a health care professional
because she did not believe that she was being properly represented by her lawyer. Her
lawyer, who specialized in employment law cases, told her that he also handled serious
auto accident cases. She was in a serious car accident and had significant injuries. She
had not returned to work since the accident and her medical bills were being rejected by
her car insurance company.

I reviewed her file and was surprised to learn that her attorney had not done the
following:

I reviewed her file and was surprised to learn that her attorney had not done the
following:

Although she hired her lawyer more than a year before, the bills were not getting
paid and she was repeatedly told I am working on your file as we speak. She believed
him and was patient with the process for a while. She then began wondering if she had
hired the best lawyer for her case.

Obtained all of her medical and employment records.

Although she hired her lawyer more than a year before, the bills were not getting
paid and she was repeatedly told I am working on your file as we speak. She believed
him and was patient with the process for a while. She then began wondering if she had
hired the best lawyer for her case.

Obtained all of her medical and employment records.

Filed her claims for benefits with the insurance company in a timely manner, which
meant that the company could properly deny payment of benefits that she was entitled to
receive under the law.

Filed her claims for benefits with the insurance company in a timely manner, which
meant that the company could properly deny payment of benefits that she was entitled to
receive under the law.

Hired a photographer to take professional photos of the accident scene and damages
to her vehicle.

Hired a photographer to take professional photos of the accident scene and damages
to her vehicle.

Requested the witness statements from the investigating police department that
showed the other driver was at-fault in the accident.

Hired an accident reconstruction expert to analyze the case and offer an opinion to
prove that the other driver caused the crash.
Spoke to her family members to see how the accident impacted her life.

I realized that she had a good case, was in need of experienced and skilled legal
representation, and that she had chosen the wrong lawyer to handle her case. It was too
late in the legal process for me to step in and help. I felt terrible when I had told her that
I could not help. I only wished she would have asked the right questions before hiring
the wrong lawyer.

Requested the witness statements from the investigating police department that
showed the other driver was at-fault in the accident.

Hired an accident reconstruction expert to analyze the case and offer an opinion to
prove that the other driver caused the crash.
Spoke to her family members to see how the accident impacted her life.

I realized that she had a good case, was in need of experienced and skilled legal
representation, and that she had chosen the wrong lawyer to handle her case. It was too
late in the legal process for me to step in and help. I felt terrible when I had told her that
I could not help. I only wished she would have asked the right questions before hiring
the wrong lawyer.

Daniel L. Buckfire

How in the World Can a Consumer Tell the Difference


Between One Lawyer and Another by
Looking at Their Ads?

Daniel L. Buckfire

How in the World Can a Consumer Tell the Difference


Between One Lawyer and Another by
Looking at Their Ads?

Much of the advertising I see on TV and in the Yellow Pages disturbs me. It disturbs me for five
reasons:

Much of the advertising I see on TV and in the Yellow Pages disturbs me. It disturbs me for five
reasons:

2. Lawyer advertising sometimes negatively affects the people who sit on juries. How would you
like your lawyer to be arguing your case to a jury, only to have them remember that he is the
lawyer that flies around in a flying saucer in his TV ads? Or that he equates pain and suffering
to BIG MONEY DAMAGES!!!

2. Lawyer advertising sometimes negatively affects the people who sit on juries. How would you
like your lawyer to be arguing your case to a jury, only to have them remember that he is the
lawyer that flies around in a flying saucer in his TV ads? Or that he equates pain and suffering
to BIG MONEY DAMAGES!!!

1. Surveys show that many people have a poor view of lawyers because of the lawyer advertising
they see! The bad taste of some makes all lawyers look bad.

3. There is no way for the consumer in need of legal services to tell one lawyer from the other
based on most lawyer advertising. The ads dont give any useful information.

1. Surveys show that many people have a poor view of lawyers because of the lawyer advertising
they see! The bad taste of some makes all lawyers look bad.

3. There is no way for the consumer in need of legal services to tell one lawyer from the other
based on most lawyer advertising. The ads dont give any useful information.

4. Even if not false, deceptive or misleading, most lawyer advertising just isnt all that helpful to
the consumer. Whats the difference between buy this beer and quick, call 1-800LAWYERGIMMICKNUMBER right now?

4. Even if not false, deceptive or misleading, most lawyer advertising just isnt all that helpful to
the consumer. Whats the difference between buy this beer and quick, call 1-800LAWYERGIMMICKNUMBER right now?

I cant change the way lawyers advertise, but I can help you make your way through the
morass. Look, there are good lawyers out therelots of them. You just have to do some work to find
the right lawyer for your case.

I cant change the way lawyers advertise, but I can help you make your way through the
morass. Look, there are good lawyers out therelots of them. You just have to do some work to find
the right lawyer for your case.

5. Some lawyer advertising creates unjustified expectations. If other lawyers advertise One
callno courtsettlements in 30 days, then my clients want to know how come I cant do
that for them.

Legal Disclaimer

Hey, what would a message from a lawyer be without a disclaimer?

Look, I can give you ideas and tips, and I personally guarantee that you will not have wasted
your time by reading this book, but I cant guarantee you absolute success in finding the right lawyer
for your case. I cant even give you one absolutely foolproof way to get to the right lawyer, but

5. Some lawyer advertising creates unjustified expectations. If other lawyers advertise One
callno courtsettlements in 30 days, then my clients want to know how come I cant do
that for them.

Legal Disclaimer

Hey, what would a message from a lawyer be without a disclaimer?

Look, I can give you ideas and tips, and I personally guarantee that you will not have wasted
your time by reading this book, but I cant guarantee you absolute success in finding the right lawyer
for your case. I cant even give you one absolutely foolproof way to get to the right lawyer, but

The Truth About Lawyer Advertising

The Truth About Lawyer Advertising

Reading This Book Can Greatly Increase Your


Odds of Finding the Right Lawyer for Your Case.

Reading This Book Can Greatly Increase Your


Odds of Finding the Right Lawyer for Your Case.

You Need to Develop and Use a System to Find


The Right Lawyer for You

You Need to Develop and Use a System to Find


The Right Lawyer for You

First, lets just forget about the ads altogether for a while. After all, wouldnt you expect your
lawyer to care about you? Be aggressive? Give personal attention to your case? Fight for you? Since
all lawyers should do all of the above, we can safely come to the conclusion that:

First, lets just forget about the ads altogether for a while. After all, wouldnt you expect your
lawyer to care about you? Be aggressive? Give personal attention to your case? Fight for you? Since
all lawyers should do all of the above, we can safely come to the conclusion that:

Rather than taking your chances on a Yellow Pages ad, a TV commercial or a lawyer referral
service, you really should have a system for finding the right lawyer.

Rather than taking your chances on a Yellow Pages ad, a TV commercial or a lawyer referral
service, you really should have a system for finding the right lawyer.

Ads that tout such benefits are absolutely, 100% meaningless. Period.

Ads that tout such benefits are absolutely, 100% meaningless. Period.

Does that sound like work? Well, it is. And it should be. Finding the right lawyer for you is
very important. Its not like getting the right carpet cleaner or pest control guy. If you are looking for
a lawyer, it is usually because

Does that sound like work? Well, it is. And it should be. Finding the right lawyer for you is
very important. Its not like getting the right carpet cleaner or pest control guy. If you are looking for
a lawyer, it is usually because

It may be that you have been injured. You may be starting a new business. You may want to
adopt a child. Perhaps you are going to be divorced. Whatever it is, it is probably at or near the top of
your list of

It may be that you have been injured. You may be starting a new business. You may want to
adopt a child. Perhaps you are going to be divorced. Whatever it is, it is probably at or near the top of
your list of

Something Very Important Has Happened,


or is About to Happen, in Your Life

Things That Are Very Important In Your Life

It is work because it is important.

Something Very Important Has Happened,


or is About to Happen, in Your Life

Things That Are Very Important In Your Life

It is work because it is important.

So, lets take a look at a systemized way to find the right lawyer for your case. Well go over
what questions you must ask. Well look at what organizations and ratings are important and which
are not. After that, Ill come back to teach you how to read lawyer advertising.

So, lets take a look at a systemized way to find the right lawyer for your case. Well go over
what questions you must ask. Well look at what organizations and ratings are important and which
are not. After that, Ill come back to teach you how to read lawyer advertising.

Finally, a System for Finding the Right


Lawyer for Your Case

Finally, a System for Finding the Right


Lawyer for Your Case

In the old days, the law was pretty much a secret. The ONLY way you could get your questions
answered was to talk to a lawyer.

In the old days, the law was pretty much a secret. The ONLY way you could get your questions
answered was to talk to a lawyer.

Step One: Start to Learn About Your Legal Problem

Step One: Start to Learn About Your Legal Problem

Daniel L. Buckfire

Not anymore.

Now, with the advent of the Internet, there is no longer any excuse for anyone to not get a basic
understanding about their legal problem. Search the Internet for FAQs (Frequently Asked Questions)
about your legal problem.
Visit lawyer websites.
Read legal blogs.

Visit other legal web sites.

Now remember, I am not saying that all this information and advice you find on the Internet
is any good, but all you are doing at this point is collecting informationfinding out what ballpark
you are playing ineven before you talk to a lawyer. Some of the information you find may be flat
out wrongthats why you visit lots of sites. Obviously, it would be foolish to rely on information you
find at any one web site. The purpose here is simply to move you along the path of knowledge so that
you can make an informed decision about what lawyer to hire.

Next, take a visit to the library. Remember the library? I visit the library regularly. It is a
fantastic resource of free information. Even though we have the Internet, there is nothing like a good
old-fashioned book to start you on the right course. Every city has one!

LAWYERS WHO HAVE NEVER LOST A CASE

Daniel L. Buckfire

Not anymore.

Now, with the advent of the Internet, there is no longer any excuse for anyone to not get a basic
understanding about their legal problem. Search the Internet for FAQs (Frequently Asked Questions)
about your legal problem.
Visit lawyer websites.
Read legal blogs.

Visit other legal web sites.

Now remember, I am not saying that all this information and advice you find on the Internet
is any good, but all you are doing at this point is collecting informationfinding out what ballpark
you are playing ineven before you talk to a lawyer. Some of the information you find may be flat
out wrongthats why you visit lots of sites. Obviously, it would be foolish to rely on information you
find at any one web site. The purpose here is simply to move you along the path of knowledge so that
you can make an informed decision about what lawyer to hire.

Next, take a visit to the library. Remember the library? I visit the library regularly. It is a
fantastic resource of free information. Even though we have the Internet, there is nothing like a good
old-fashioned book to start you on the right course. Every city has one!

LAWYERS WHO HAVE NEVER LOST A CASE

You may have seen advertisements or news stories on lawyers who claim to have
never lost a case. This is simply not possible, unless of course, the lawyer has never taken
a case to trial or has settled a case for a small amount because he was afraid that he would
lose at trial. Clearly, many lawyers have better trial win records than others but no attorney
can say he has never lost a trial.

You may have seen advertisements or news stories on lawyers who claim to have
never lost a case. This is simply not possible, unless of course, the lawyer has never taken
a case to trial or has settled a case for a small amount because he was afraid that he would
lose at trial. Clearly, many lawyers have better trial win records than others but no attorney
can say he has never lost a trial.

Under the ethical rules of legal advertising, a lawyer cannot guarantee a result on a case.
Promises to get a client a certain settlement or win a certain amount at trial are prohibited
by the bar association. Lawyers who claim to have never lost a case are trying to tell you
that they will win your case, but of course, no lawyer can know the result for sure until the
case is fully investigated and litigated. Be careful of lawyers who make this claim.

Under the ethical rules of legal advertising, a lawyer cannot guarantee a result on a case.
Promises to get a client a certain settlement or win a certain amount at trial are prohibited
by the bar association. Lawyers who claim to have never lost a case are trying to tell you
that they will win your case, but of course, no lawyer can know the result for sure until the
case is fully investigated and litigated. Be careful of lawyers who make this claim.

There is another possible scenario where an attorney can claim that he did not lose a
trial, even if his client did not get a good result. Lets say an insurance company offers a
client $250,000.00 to settle an injury case but the lawyer wants a bigger settlement. He then
takes the case to a jury trial. At the trial, he asks the jury to award his client $500,000.00,
but the jury only awards $10,000.00. The attorney can then say that he won the trial because
he received a verdict, even though he was offered $240,000.00 more to settle the case.

There is another possible scenario where an attorney can claim that he did not lose a
trial, even if his client did not get a good result. Lets say an insurance company offers a
client $250,000.00 to settle an injury case but the lawyer wants a bigger settlement. He then
takes the case to a jury trial. At the trial, he asks the jury to award his client $500,000.00,
but the jury only awards $10,000.00. The attorney can then say that he won the trial because
he received a verdict, even though he was offered $240,000.00 more to settle the case.

10

The Truth About Lawyer Advertising

Step Two: Start to Gather Names of Potential Attorneys

10

The Truth About Lawyer Advertising

Step Two: Start to Gather Names of Potential Attorneys

Here are your sources of information. Remember, you are still in the information-gathering
process.

Here are your sources of information. Remember, you are still in the information-gathering
process.

2. Do you personally know any lawyers in your area? They will be a good source of names. Even if
your legal need is in another state, ask the lawyer you know first. He or she will probably be able
to either refer you to a set of names in the other state or give you the name of someone who can.

2. Do you personally know any lawyers in your area? They will be a good source of names. Even if
your legal need is in another state, ask the lawyer you know first. He or she will probably be able
to either refer you to a set of names in the other state or give you the name of someone who can.

1. Think about your problem. What have you learned about your type of case? Now, can you
summarize your problem in 20 words or less? I was in a car accident. I am having a problem
with a tenant. I would like to start an at-home business. My child was arrested for DWI.

3. Do you know anyone who has used a lawyer? At least then, when you call that lawyer, you can say
that, Mary gave me your name and I am looking for a lawyer who handles XYZ type of case.

4. Search the Internet. Do a search for [type of case] in [city or state]. Dont bother just typing in
personal injury attorney. That will return thousands of entries, most from geographical areas far
from you. Rather, type in auto accident attorney in Detroit, Michigan or lead poisoning lawyer
in Toledo, Ohio.

5. Pull out and look at the Yellow Pages. I recommend looking for lawyers who advertise only one or
two closely related specialties. My experience is that using a lawyer who specializes is better than
getting a jack-of-all-trades type of firm or lawyer. This is because in the last 20 years, the law
has become more complex than ever before. Many lawyers now specialize in just a few related
legal areas. For example, a lawyer who specializes in wills and estate planning may also specialize
in elder law planning. A DWI lawyer may handle shoplifting cases. A medical malpractice attorney
may handle other personal injury cases. Those ads that proclaim a long list of specialties or types
of cases are not very helpful, are they? How can a lawyer specialize in auto accident cases, divorce
law, wills and probate, immigration, and criminal cases all at the same time? Of course, he cannot.

6. Yes, you can even write down the name of the lawyers you see on TV. You cant judge a lawyer by
the media she uses to advertise. While, frankly, many firms that advertise on TV are running high
volume practices, there are some good, skilled, and reputable attorneys advertising on TV. You
simply cannot tell if a lawyer will do a good job for you based upon a 30 second TV commercial.
The fact that the lawyer spends a lot of money to run TV spots is no guarantee he is the best attorney
for your case.

1. Think about your problem. What have you learned about your type of case? Now, can you
summarize your problem in 20 words or less? I was in a car accident. I am having a problem
with a tenant. I would like to start an at-home business. My child was arrested for DWI.

3. Do you know anyone who has used a lawyer? At least then, when you call that lawyer, you can say
that, Mary gave me your name and I am looking for a lawyer who handles XYZ type of case.

4. Search the Internet. Do a search for [type of case] in [city or state]. Dont bother just typing in
personal injury attorney. That will return thousands of entries, most from geographical areas far
from you. Rather, type in auto accident attorney in Detroit, Michigan or lead poisoning lawyer
in Toledo, Ohio.

5. Pull out and look at the Yellow Pages. I recommend looking for lawyers who advertise only one or
two closely related specialties. My experience is that using a lawyer who specializes is better than
getting a jack-of-all-trades type of firm or lawyer. This is because in the last 20 years, the law
has become more complex than ever before. Many lawyers now specialize in just a few related
legal areas. For example, a lawyer who specializes in wills and estate planning may also specialize
in elder law planning. A DWI lawyer may handle shoplifting cases. A medical malpractice attorney
may handle other personal injury cases. Those ads that proclaim a long list of specialties or types
of cases are not very helpful, are they? How can a lawyer specialize in auto accident cases, divorce
law, wills and probate, immigration, and criminal cases all at the same time? Of course, he cannot.

6. Yes, you can even write down the name of the lawyers you see on TV. You cant judge a lawyer by
the media she uses to advertise. While, frankly, many firms that advertise on TV are running high
volume practices, there are some good, skilled, and reputable attorneys advertising on TV. You
simply cannot tell if a lawyer will do a good job for you based upon a 30 second TV commercial.
The fact that the lawyer spends a lot of money to run TV spots is no guarantee he is the best attorney
for your case.

11

Daniel L. Buckfire

CELEBRITY ENDORSMENTS OF LAWYERS

11

Daniel L. Buckfire

CELEBRITY ENDORSMENTS OF LAWYERS

If you watch daytime television, you have undoubtedly seen former movie and TV stars
telling you to call a personal injury lawyer right now. I have no idea how an actor living in
Hollywood for the last 40 years would know who the best personal injury lawyer in Detroit
or any other city is or why they are endorsing a law firm that has probably never represented
him. I also have no idea why an injured person would listen to the advice of someone who
last appeared in a television series in the 1970s.

If you watch daytime television, you have undoubtedly seen former movie and TV stars
telling you to call a personal injury lawyer right now. I have no idea how an actor living in
Hollywood for the last 40 years would know who the best personal injury lawyer in Detroit
or any other city is or why they are endorsing a law firm that has probably never represented
him. I also have no idea why an injured person would listen to the advice of someone who
last appeared in a television series in the 1970s.

In most cases, when a celebrity is endorsing a law firm in a television commercial, it is


the same type of syndication that you see for television shows. A national advertising
company films a commercial with the actor, and law firms in different states then pay to have
the actor say their name in the commercial. You can see the same television commercial in
20 different states with the same actor telling you to call a different law firm in each state.
The actor has either been injured in each state or he is reading a script, just like he did before
his show was taken off the airwaves.

In most cases, when a celebrity is endorsing a law firm in a television commercial, it is


the same type of syndication that you see for television shows. A national advertising
company films a commercial with the actor, and law firms in different states then pay to have
the actor say their name in the commercial. You can see the same television commercial in
20 different states with the same actor telling you to call a different law firm in each state.
The actor has either been injured in each state or he is reading a script, just like he did before
his show was taken off the airwaves.

Hollywood celebrities may know a lot about the best diets and exercise programs and can
probably write good books on those subjects (with the help of an actual author, of course),
but I sincerely doubt that they care about you and would not be surprised if they turned down
your request for an autograph if you saw them in an airport. Hiring a lawyer for your case
based upon a celebrity endorsement is probably not a wise choice. In fact, I doubt that the
actor could answer a single question about the lawyer or law firm or their competence to
handle your case

Step Three: Call and Ask for Written Information

Call and ask for written information about the lawyers. Just like buying a high-priced
consumer product, you are usually better off doing all of your initial research in the comfort of your
own home. You dont want to be subjected to any high pressure sales tactics, do you? Most lawyers
offer free initial consultations in a variety of cases and flat fees or reduced rates for an initial
consultation in other areas. That probably is not the most efficient way of getting information. The
better course is to call and ask them to send you their information package on YOUR TYPE OF
case. Ask them to send you anything they would like you to read that would convince you to hire
them as your attorneys. Remember, while there are time limits for filing suit, in most cases you have
time to do your research in the comfort of your own home, on your own time. (I told you this was
work; didnt I?)

Hint: Beware of any lawyer who phones you first, or has someone else directly solicit you in
person after you have been injured. In person solicitation by a lawyer (or someone representing a law

Hollywood celebrities may know a lot about the best diets and exercise programs and can
probably write good books on those subjects (with the help of an actual author, of course),
but I sincerely doubt that they care about you and would not be surprised if they turned down
your request for an autograph if you saw them in an airport. Hiring a lawyer for your case
based upon a celebrity endorsement is probably not a wise choice. In fact, I doubt that the
actor could answer a single question about the lawyer or law firm or their competence to
handle your case

Step Three: Call and Ask for Written Information

Call and ask for written information about the lawyers. Just like buying a high-priced
consumer product, you are usually better off doing all of your initial research in the comfort of your
own home. You dont want to be subjected to any high pressure sales tactics, do you? Most lawyers
offer free initial consultations in a variety of cases and flat fees or reduced rates for an initial
consultation in other areas. That probably is not the most efficient way of getting information. The
better course is to call and ask them to send you their information package on YOUR TYPE OF
case. Ask them to send you anything they would like you to read that would convince you to hire
them as your attorneys. Remember, while there are time limits for filing suit, in most cases you have
time to do your research in the comfort of your own home, on your own time. (I told you this was
work; didnt I?)

Hint: Beware of any lawyer who phones you first, or has someone else directly solicit you in
person after you have been injured. In person solicitation by a lawyer (or someone representing a law

12

The Truth About Lawyer Advertising

12

The Truth About Lawyer Advertising

firm) who does not have a prior relationship with you is universally condemned and you probably
would not want a lawyer who violates the rules of ethics before he even starts working on your case.
Judges and opposing lawyers often know which lawyers engage in unethical practices and your case
may suffer if you hire someone with a poor reputation for your case.

firm) who does not have a prior relationship with you is universally condemned and you probably
would not want a lawyer who violates the rules of ethics before he even starts working on your case.
Judges and opposing lawyers often know which lawyers engage in unethical practices and your case
may suffer if you hire someone with a poor reputation for your case.

After you have done your preliminary homework, narrow your search to 3-5 lawyers who
appear to be experienced with your legal problem, make an appointment and interview them. There is
no substitute for an in-person interview. No matter how experienced or successful they are, you have
to feel comfortable with them. You have to trust them. Many will meet you in your home if you cannot
travel to the office. The lawyer that you choose to represent you on your case will be working closely
with you and your family members and it is important that you like and trust him. You must feel that
he and you have the same goal or you may end up being skeptical of his advice and lose your
confidence in him.

After you have done your preliminary homework, narrow your search to 3-5 lawyers who
appear to be experienced with your legal problem, make an appointment and interview them. There is
no substitute for an in-person interview. No matter how experienced or successful they are, you have
to feel comfortable with them. You have to trust them. Many will meet you in your home if you cannot
travel to the office. The lawyer that you choose to represent you on your case will be working closely
with you and your family members and it is important that you like and trust him. You must feel that
he and you have the same goal or you may end up being skeptical of his advice and lose your
confidence in him.

Some lawyers may contact you by mail after you have been in an accident. No problem with
that. You can just throw the letters away if you want. But the better practice (remember, we are
information gathering) may be to just call them up on the phone and ask them to mail you everything
they have that would be useful in deciding whether to hire their law firm. If they say, The only way
to get this information is to come in, all you have to do is hang up.

Consider the Referral Source

Some lawyers may contact you by mail after you have been in an accident. No problem with
that. You can just throw the letters away if you want. But the better practice (remember, we are
information gathering) may be to just call them up on the phone and ask them to mail you everything
they have that would be useful in deciding whether to hire their law firm. If they say, The only way
to get this information is to come in, all you have to do is hang up.

Consider the Referral Source

Referrals are often a great source to find a lawyer, especially from a trusted family member,
friend, or medical provider. Even with a referral, it is important to know that the lawyer has expertise
in your kind of case. You do not want someone using you as his case experiment or guinea pig.

Referrals are often a great source to find a lawyer, especially from a trusted family member,
friend, or medical provider. Even with a referral, it is important to know that the lawyer has expertise
in your kind of case. You do not want someone using you as his case experiment or guinea pig.

I met this attorney at my sons little league game. She seems nice. You should call her.

I met this attorney at my sons little league game. She seems nice. You should call her.

Call my friends cousin. He is a lawyer. He got my friend out of a traffic ticket.


We can probably get a deal if we both hire the same lawyer.

The guy has a full color yellow page ad. He must know what he is doing.

If he can do a tough divorce, I am sure he can handle a wrongful death case.

My bankruptcy lawyer said she wants to start handling more injury cases. Give her a shot.

The guy who did my house closing was pretty sharp. He should be able to figure out your case.

If you do decide to follow-up with this type of referral, be sure to do a full investigation and
follow the important steps outlined in this book. A trusting referral is great as long as the attorney that
you choose has the experience and skill for your case.

Call my friends cousin. He is a lawyer. He got my friend out of a traffic ticket.


We can probably get a deal if we both hire the same lawyer.

The guy has a full color yellow page ad. He must know what he is doing.

If he can do a tough divorce, I am sure he can handle a wrongful death case.

My bankruptcy lawyer said she wants to start handling more injury cases. Give her a shot.

The guy who did my house closing was pretty sharp. He should be able to figure out your case.

If you do decide to follow-up with this type of referral, be sure to do a full investigation and
follow the important steps outlined in this book. A trusting referral is great as long as the attorney that
you choose has the experience and skill for your case.

Daniel L. Buckfire

RESEARCHING LAWYERS ON THE INTERNET

Everybody loves the internet and it is a tremendous source of information for


everything from learning about a serious illness to the best island in the Caribbean for
fishing. The internet is also a great source for learning about your legal rights and finding
the right lawyer for your case. The question is, of course, how do you know if you are
finding the best lawyer or just looking at a glorified lawyer yellow page ad on the world
wide web.

The best way to search for and find a lawyer on the internet is to closely examine the
web site. Look to see if the web page has these types of things on it:
Biographies of the lawyers in the firm and the specialty areas of the firm.

13

Daniel L. Buckfire

RESEARCHING LAWYERS ON THE INTERNET

Everybody loves the internet and it is a tremendous source of information for


everything from learning about a serious illness to the best island in the Caribbean for
fishing. The internet is also a great source for learning about your legal rights and finding
the right lawyer for your case. The question is, of course, how do you know if you are
finding the best lawyer or just looking at a glorified lawyer yellow page ad on the world
wide web.

The best way to search for and find a lawyer on the internet is to closely examine the
web site. Look to see if the web page has these types of things on it:
Biographies of the lawyers in the firm and the specialty areas of the firm.

Free information, reports, and books that you can request from the firm before you hire
a lawyer.

Free information, reports, and books that you can request from the firm before you hire
a lawyer.

Up to date and current legal news and firm news. Some lawyers put up a web site and
leave it the same for years and years. You clearly want a law firm that provides information
on a regular basis, not old stale news.

Up to date and current legal news and firm news. Some lawyers put up a web site and
leave it the same for years and years. You clearly want a law firm that provides information
on a regular basis, not old stale news.

Detailed information about past case results, including verdicts and settlements.

Detailed information about past case results, including verdicts and settlements.

Free legal forms that you can download for your case.

Testimonials from past clients, other lawyers, and health care professionals. If a law
firm web site does not have these, it might be an indication that no one is willing to step
forward and say good things about them.

Be aware that many law firms bid a lot of money for the sponsored listings that
appear on the tops and sides of pages on many search engines. This does not mean that
they are being endorsed by the search engine, only that they paid for that placement. Many
of those firms may be very skilled and competent, but you should still analyze their site for
the information listed above and ask them the same questions that are listed earlier in this
book. This will help you in your quest to hire the best attorney for your case.

Free legal forms that you can download for your case.

Testimonials from past clients, other lawyers, and health care professionals. If a law
firm web site does not have these, it might be an indication that no one is willing to step
forward and say good things about them.

Be aware that many law firms bid a lot of money for the sponsored listings that
appear on the tops and sides of pages on many search engines. This does not mean that
they are being endorsed by the search engine, only that they paid for that placement. Many
of those firms may be very skilled and competent, but you should still analyze their site for
the information listed above and ask them the same questions that are listed earlier in this
book. This will help you in your quest to hire the best attorney for your case.

13

14

The Truth About Lawyer Advertising

14

The Truth About Lawyer Advertising

Step Four: Now That You Have Arranged an In-Person Interview, Ask The Right Questions if
You Are Looking for a Personal Injury or Medical Malpractice Attorney1.

Step Four: Now That You Have Arranged an In-Person Interview, Ask The Right Questions if
You Are Looking for a Personal Injury or Medical Malpractice Attorney1.

PLAY 20 Questions WITH A LAWYER

PLAY 20 Questions WITH A LAWYER

Remember, the best and most experienced attorneys usually have a line of people begging to
hire them. They are usually very selective in the types of cases they will handle. They will not be
insulted or put off by these questions. Rather, they will welcome them, because it shows you are taking
steps to educate yourself. A lawyer would rather represent someone who does this than gets wacky
advice from his cousin or neighbor. Your legal case may be one of the most important matters in your
life while it is pending and you may end up regretting your choice if you pick your lawyer from a
yellow pages ad or a TV commercial without any further investigation.

Remember, the best and most experienced attorneys usually have a line of people begging to
hire them. They are usually very selective in the types of cases they will handle. They will not be
insulted or put off by these questions. Rather, they will welcome them, because it shows you are taking
steps to educate yourself. A lawyer would rather represent someone who does this than gets wacky
advice from his cousin or neighbor. Your legal case may be one of the most important matters in your
life while it is pending and you may end up regretting your choice if you pick your lawyer from a
yellow pages ad or a TV commercial without any further investigation.

2. Do you have actual experience handling my type of case?

2. Do you have actual experience handling my type of case?

1. How many years have you been in practice?


3. Where can I read about your other cases?
4. What is the hardest part about my case?

5. Have you won any large verdicts or settlements? How often do you go to court?

6. What rating do you and your firm have from Martindale-Hubbell? (This is considered the gold
standard of lawyer rating systems because a lawyer is anonymously rated by other lawyers. The
rated lawyer is never told who was asked to rate him and how a particular lawyer rated him. The
best rating for a lawyer is the AV rating, which signifies that the lawyer has the highest degree of
skill and integrity that can be achieved).
7. Are you an active member of any state or national trial lawyer organizations?
8. Have you been disciplined by your state bar association?
9. What is the process for handling my case?

10. Who in your office will be working on my case?

11. How will you keep me informed about my case?

12. What factors go into deciding how much my case is worth?2


1You need to adjust your questions, based on your research, to your type of case. For example, you do not need to know if the lawyer doing your will has won any
large verdicts. You need to know whether he has experience drafting wills. A social security lawyer need not have any experience in front of juries, but this is absolutely
essential for any injury or malpractice case.

1. How many years have you been in practice?


3. Where can I read about your other cases?
4. What is the hardest part about my case?

5. Have you won any large verdicts or settlements? How often do you go to court?

6. What rating do you and your firm have from Martindale-Hubbell? (This is considered the gold
standard of lawyer rating systems because a lawyer is anonymously rated by other lawyers. The
rated lawyer is never told who was asked to rate him and how a particular lawyer rated him. The
best rating for a lawyer is the AV rating, which signifies that the lawyer has the highest degree of
skill and integrity that can be achieved).
7. Are you an active member of any state or national trial lawyer organizations?
8. Have you been disciplined by your state bar association?
9. What is the process for handling my case?

10. Who in your office will be working on my case?

11. How will you keep me informed about my case?

12. What factors go into deciding how much my case is worth?2


1You need to adjust your questions, based on your research, to your type of case. For example, you do not need to know if the lawyer doing your will has won any
large verdicts. You need to know whether he has experience drafting wills. A social security lawyer need not have any experience in front of juries, but this is absolutely
essential for any injury or malpractice case.

Daniel L. Buckfire

15

13. Do you represent any insurance companies at all? You really need to know where the lawyers
interests lie. Some lawyers do most of their work for insurance companies. This may suit you just
fine. For others, the appearance of bias would be too much.

14. Do you represent any corporations (besides mom and pop local businesses)? Again, if you are
calling about an injury case, you may want to find an attorney who is passionate about representing
individuals not big businesses.
15. Can I take a copy of the written fee agreement home with me to study?

16. If you are looking for an injury, disability or malpractice attorney, ask, Do you spend at least 90%
of your time representing individuals against insurance companies in injury, disability and
malpractice cases?
17. Do you regularly attend Continuing Legal Education courses in your area of expertise?

18. Do you or members of your firm speak to groups of other lawyers or public groups on legal issues?
19. Have you published any articles, guides or books for consumers or other attorneys?

20. How soon will you start working on my case? (you do not want to hire an attorney and later find
out that your case was placed on the bottom of a pile of other new cases only to learn that your
lawyer will start working on it as soon as he gets a chance.)

2 This is actually a trick questionin almost all cases, it is impossible for a lawyer to determine the value of a case on the first visit. This requires study and analysis
of your injuries and other losses suffered. Beware of anyone who states, with any certainty (in all but the smallest of cases), the value of your case on the first visit

Daniel L. Buckfire

15

13. Do you represent any insurance companies at all? You really need to know where the lawyers
interests lie. Some lawyers do most of their work for insurance companies. This may suit you just
fine. For others, the appearance of bias would be too much.

14. Do you represent any corporations (besides mom and pop local businesses)? Again, if you are
calling about an injury case, you may want to find an attorney who is passionate about representing
individuals not big businesses.
15. Can I take a copy of the written fee agreement home with me to study?

16. If you are looking for an injury, disability or malpractice attorney, ask, Do you spend at least 90%
of your time representing individuals against insurance companies in injury, disability and
malpractice cases?
17. Do you regularly attend Continuing Legal Education courses in your area of expertise?

18. Do you or members of your firm speak to groups of other lawyers or public groups on legal issues?
19. Have you published any articles, guides or books for consumers or other attorneys?

20. How soon will you start working on my case? (you do not want to hire an attorney and later find
out that your case was placed on the bottom of a pile of other new cases only to learn that your
lawyer will start working on it as soon as he gets a chance.)

2 This is actually a trick questionin almost all cases, it is impossible for a lawyer to determine the value of a case on the first visit. This requires study and analysis
of your injuries and other losses suffered. Beware of anyone who states, with any certainty (in all but the smallest of cases), the value of your case on the first visit

16

The Truth About Lawyer Advertising

And The Best Question of All:

What do you think of these other lawyers that I have


spoken to or plan on calling?

16

The Truth About Lawyer Advertising

And The Best Question of All:

What do you think of these other lawyers that I have


spoken to or plan on calling?

This is a great question because the lawyers who are the elite in their specialties all seem to
know each other. A lawyer who is confident in his abilities should have no problem telling you if the
other lawyers that you have spoken to are ethical and have a good reputation in the legal community.
A lawyer who badmouths his competitors to get your business is probably hoping that you do not
ask other lawyers about his reputation.

This is a great question because the lawyers who are the elite in their specialties all seem to
know each other. A lawyer who is confident in his abilities should have no problem telling you if the
other lawyers that you have spoken to are ethical and have a good reputation in the legal community.
A lawyer who badmouths his competitors to get your business is probably hoping that you do not
ask other lawyers about his reputation.

Step Five: Rank The Information In Terms Of Importance

Step Five: Rank The Information In Terms Of Importance

All good, competent, honest attorneys will freely share their information with you. These are
the attorneys that have as much (or more) work than they can handle. If they will not say anything
nice about other top lawyers in their field leave! It just may be a huge warning sign that they are
starving for businessnot a good sign.

All good, competent, honest attorneys will freely share their information with you. These are
the attorneys that have as much (or more) work than they can handle. If they will not say anything
nice about other top lawyers in their field leave! It just may be a huge warning sign that they are
starving for businessnot a good sign.

While you certainly would get a range of opinions on what is most important about hiring a
lawyer, surveys show that most consumers probably rank the order of qualifications this way:

While you certainly would get a range of opinions on what is most important about hiring a
lawyer, surveys show that most consumers probably rank the order of qualifications this way:

2. Experience: Simply put, the longer you have been doing anything, the better you probably are at
doing it. Although, just make sure that the lawyer that you hire hasnt been doing it poorly for a
long time.

2. Experience: Simply put, the longer you have been doing anything, the better you probably are at
doing it. Although, just make sure that the lawyer that you hire hasnt been doing it poorly for a
long time.

4. Referrals from past clients, other lawyers, and health professionals is a good measure of the skill
level and reputation of an attorney. Simply put, most people will not refer a friend, family member,
client, or friend to someone they do not trust or who did a lousy job on a case.

4. Referrals from past clients, other lawyers, and health professionals is a good measure of the skill
level and reputation of an attorney. Simply put, most people will not refer a friend, family member,
client, or friend to someone they do not trust or who did a lousy job on a case.

1. Consistent results in the past: Yes, past results are no guarantee of future results, but the lack of
consistent results in the past would be a warning sign. Yes, we all lose cases we probably should
have won (and weve won cases we probably should have lost,) but the lack of a track record of
quality results is a deal breaker for most people. Dont accept the excuse that this is all confidential
and we arent supposed to talk about past results. This simply is not true. Each week, the legal
newspapers publish settlements and verdicts. Many lawyers also have this information on their web
sites.

3. AV rating from Martindale Hubbell: Lawyers and judges confidentially rate other attorneys for
their ability and ethics.

5. Teaching at Continuing Legal Education Events or speaking to public health groups.


6. Active participation in trial lawyer associations.

1. Consistent results in the past: Yes, past results are no guarantee of future results, but the lack of
consistent results in the past would be a warning sign. Yes, we all lose cases we probably should
have won (and weve won cases we probably should have lost,) but the lack of a track record of
quality results is a deal breaker for most people. Dont accept the excuse that this is all confidential
and we arent supposed to talk about past results. This simply is not true. Each week, the legal
newspapers publish settlements and verdicts. Many lawyers also have this information on their web
sites.

3. AV rating from Martindale Hubbell: Lawyers and judges confidentially rate other attorneys for
their ability and ethics.

5. Teaching at Continuing Legal Education Events or speaking to public health groups.


6. Active participation in trial lawyer associations.

17

Daniel L. Buckfire

Dont Be Afraid to Ask About Results. Yes, Each Case is Different and the Past
Does Not Predict the Future But the Lack of A Track Record of Significant
Results Should At Least Prompt You To Ask More Questions
The Hammer
A personal injury lawyer in New York promoted himself in his television ads as The
Hammer. In his controversial TV spots, he referred to himself as the meanest, nastiest
S.O.B. in town and claimed to have aggressive courtroom prowess. His ads also showed
vehicle crashes, falling bodies, and even explosions. He was later sued by a client and
admitted that he had not tried a case in court and had lived in Florida for many years. The
New York State Bar Association and the Florida Bar Association suspended him from
practice for an entire year.

Martindale-Hubbells AV Rating

17

Daniel L. Buckfire

Dont Be Afraid to Ask About Results. Yes, Each Case is Different and the Past
Does Not Predict the Future But the Lack of A Track Record of Significant
Results Should At Least Prompt You To Ask More Questions
The Hammer
A personal injury lawyer in New York promoted himself in his television ads as The
Hammer. In his controversial TV spots, he referred to himself as the meanest, nastiest
S.O.B. in town and claimed to have aggressive courtroom prowess. His ads also showed
vehicle crashes, falling bodies, and even explosions. He was later sued by a client and
admitted that he had not tried a case in court and had lived in Florida for many years. The
New York State Bar Association and the Florida Bar Association suspended him from
practice for an entire year.

Martindale-Hubbells AV Rating

What does it mean when a lawyer says he has the highest rating or is AV rated3? Usually
this is a reference to the Martindale-Hubbell directory of attorneys. Martindale-Hubbell is a
comprehensive guide to attorneys. This publication contains ratings of attorneys. No one can pay for
a high rating.

What does it mean when a lawyer says he has the highest rating or is AV rated3? Usually
this is a reference to the Martindale-Hubbell directory of attorneys. Martindale-Hubbell is a
comprehensive guide to attorneys. This publication contains ratings of attorneys. No one can pay for
a high rating.

Lawyers rated in Martindale-Hubbell are rated on both legal ability and general ethical
standards. The legal ability rating takes into consideration the standard of ability for the area in which
the lawyer practices. The legal ability ratings are: Cgood to high; Bhigh to very high; and A
very high to preeminent. The general ethical standards rating covers adherence to professional
standards of conduct and ethics, reliability, diligence, and other criteria relevant to the discharge of
professional responsibilities. The general ethical standards rating is VVery high.

Lawyers rated in Martindale-Hubbell are rated on both legal ability and general ethical
standards. The legal ability rating takes into consideration the standard of ability for the area in which
the lawyer practices. The legal ability ratings are: Cgood to high; Bhigh to very high; and A
very high to preeminent. The general ethical standards rating covers adherence to professional
standards of conduct and ethics, reliability, diligence, and other criteria relevant to the discharge of
professional responsibilities. The general ethical standards rating is VVery high.

According to Martindale-Hubbell, the rating process is typically initiated by it in five-year


intervals after admission to the Bar. That company requests confidential opinions from other members
of the Bar, including those who are rated and those who are not. In addition, judges are queried. On
average, Martindale-Hubbell contacts more than 400,000 individuals to establish or confirm ratings
for over 115,000 attorneys each year.

Thus, an attorney who advertises that he or she is AV Rated, has been judged by his peers
to have very high ethical standards and to have very high to preeminent legal ability. Law firms also
receive ratings; however, a law firm is given the rating of its highest rated principal (owner).
Martindale-Hubbell says that the rating of a firm has no bearing on the individual rating of any lawyer
connected with it.

3 The AV symbol is a registered trademark of Martindale-Hubbell.

According to Martindale-Hubbell, the rating process is typically initiated by it in five-year


intervals after admission to the Bar. That company requests confidential opinions from other members
of the Bar, including those who are rated and those who are not. In addition, judges are queried. On
average, Martindale-Hubbell contacts more than 400,000 individuals to establish or confirm ratings
for over 115,000 attorneys each year.

Thus, an attorney who advertises that he or she is AV Rated, has been judged by his peers
to have very high ethical standards and to have very high to preeminent legal ability. Law firms also
receive ratings; however, a law firm is given the rating of its highest rated principal (owner).
Martindale-Hubbell says that the rating of a firm has no bearing on the individual rating of any lawyer
connected with it.

3 The AV symbol is a registered trademark of Martindale-Hubbell.

18

The Truth About Lawyer Advertising

18

The Truth About Lawyer Advertising

It is important to note that Martindale-Hubbell says that the absence of a rating should not
be construed unfavorably. There are a variety of reasons why an attorney may not have a rating.

It is important to note that Martindale-Hubbell says that the absence of a rating should not
be construed unfavorably. There are a variety of reasons why an attorney may not have a rating.

Just What Are Those Ads Really Saying?

Just What Are Those Ads Really Saying?

Before I finish with this book, Ill explain some of the things that you may see in lawyer
advertising. It is important to be able to read the ads in order to know what may be important and
what is meaningless.

Before I finish with this book, Ill explain some of the things that you may see in lawyer
advertising. It is important to be able to read the ads in order to know what may be important and
what is meaningless.

Free Initial Consultationoffered by almost 100% of personal injury, medical malpractice and
workers compensation attorneys. Standard practice. May take place in person or over the phone.
This is not a huge benefit.

Free Initial Consultationoffered by almost 100% of personal injury, medical malpractice and
workers compensation attorneys. Standard practice. May take place in person or over the phone.
This is not a huge benefit.

No Fee if No Recoverygenerally, this means that there will be no attorney fee payable to the
attorney if your case is not settled or won. This does not mean that there will be no fees at all. There
are many costs involved in a case, from filing fees to experts witness fees and, in some cases, the
client may remain responsible for those costs. You need to clarify this issue during your attorney
interview and have this fully explained to you.

Member of Million Dollar Roundtable or Million Dollar Advocate Clubtechnically means


that the attorney has settled or won a case for $1 million or more sometime in his life.
Remember, though, that one way to get a million dollars in a case is to mess up a $5 million case.
It is consistent results, not one lucky result, that counts. Lawyers often have to pay a fee to have
this designation and many top lawyers will tell you about their case results even if not listed in
a directory.

No Fee if No Recoverygenerally, this means that there will be no attorney fee payable to the
attorney if your case is not settled or won. This does not mean that there will be no fees at all. There
are many costs involved in a case, from filing fees to experts witness fees and, in some cases, the
client may remain responsible for those costs. You need to clarify this issue during your attorney
interview and have this fully explained to you.

Member of Million Dollar Roundtable or Million Dollar Advocate Clubtechnically means


that the attorney has settled or won a case for $1 million or more sometime in his life.
Remember, though, that one way to get a million dollars in a case is to mess up a $5 million case.
It is consistent results, not one lucky result, that counts. Lawyers often have to pay a fee to have
this designation and many top lawyers will tell you about their case results even if not listed in
a directory.

28 Years Combined Experiencemeaningless. There could be seven lawyers in the firm, each
with four years experience, and none with any experience with your type of case. You need to ask
the right questions. Some law firms have been disciplined for including the experience of their
now-dead founding fathers.

28 Years Combined Experiencemeaningless. There could be seven lawyers in the firm, each
with four years experience, and none with any experience with your type of case. You need to ask
the right questions. Some law firms have been disciplined for including the experience of their
now-dead founding fathers.

Member of the American Trial Lawyer Associationthere is no such organization. They are
probably referring to the former Association of Trial Lawyers of America which is now called the
American Association for Justicebut how active can they be if they get the name wrong?

Member of the American Trial Lawyer Associationthere is no such organization. They are
probably referring to the former Association of Trial Lawyers of America which is now called the
American Association for Justicebut how active can they be if they get the name wrong?

Former prosecutor might be important if you are charged with a crime.

Member of the American Bar Associationmeaninglessall it takes is a check.

Former Judgemeaninglessand, if used to suggest that the lawyer has influence over current
judges, highly unethical.
Largest Verdict in The Citymay be important, may be meaningless. You need to ask questions.

Former prosecutor might be important if you are charged with a crime.

Member of the American Bar Associationmeaninglessall it takes is a check.

Former Judgemeaninglessand, if used to suggest that the lawyer has influence over current
judges, highly unethical.

Largest Verdict in The Citymay be important, may be meaningless. You need to ask questions.

19

Daniel L. Buckfire

Usually considered unethical to state this without an appropriate disclaimer. Remember, consistent
results matter.
Also, many large verdicts are reversed on appeal and the client receives nothing, but of course this
information will not be in the advertisement.

19

Daniel L. Buckfire

Usually considered unethical to state this without an appropriate disclaimer. Remember, consistent
results matter.
Also, many large verdicts are reversed on appeal and the client receives nothing, but of course this
information will not be in the advertisement.

We come to youmeaningless-everyone does this for the right case, but no one does it for every
case.

We come to youmeaningless-everyone does this for the right case, but no one does it for every
case.

If you have a phone, you have a lawyerridiculous.

If you have a phone, you have a lawyerridiculous.

Experienced, Aggressive, Compassionate, We Care About You, Well Fight For YouGive me a
break. Isnt this what you expect your lawyer to say and do for you?
You May Be Entitled to Cash for Your Painridiculousmakes it sound like this is a Lawsuit
Lottery or that you are lucky to have been injured.

Quick Settlements in 30 Daysridiculous. If your case is so small that it can be settled in 30 days,
then do it yourself and save the 1/3 fee!

What about Those Websites Saying That They Have


a List of Qualified Lawyers?

Lawyers have paid for listings at the following sites and, by and large, there is no significant
screening of these lawyers before listing them. Often, lawyers have paid either for exclusive listings
at these sites or for top spots or banner ads. While there may be some decent legal information
for someone on an initial fact-finding mission, we do not recommend any of these sites for actually
choosing a lawyer.
www.lawyers.com
www.attorneyfind.com
www.an-attorney-for-you.com
www.injuryhelplineattorney.com
www.LawOnline.com
www.LegalMatch.com
www.lawyermatch.com
www.PerfectLawyerForYou.com
www.gLawyers.com
www.PickALawyer.com
www.onlinelegalcenter.com
www.lawyercitysearch.com

Experienced, Aggressive, Compassionate, We Care About You, Well Fight For YouGive me a
break. Isnt this what you expect your lawyer to say and do for you?
You May Be Entitled to Cash for Your Painridiculousmakes it sound like this is a Lawsuit
Lottery or that you are lucky to have been injured.

Quick Settlements in 30 Daysridiculous. If your case is so small that it can be settled in 30 days,
then do it yourself and save the 1/3 fee!

What about Those Websites Saying That They Have


a List of Qualified Lawyers?

Lawyers have paid for listings at the following sites and, by and large, there is no significant
screening of these lawyers before listing them. Often, lawyers have paid either for exclusive listings
at these sites or for top spots or banner ads. While there may be some decent legal information
for someone on an initial fact-finding mission, we do not recommend any of these sites for actually
choosing a lawyer.
www.lawyers.com
www.attorneyfind.com
www.an-attorney-for-you.com
www.injuryhelplineattorney.com
www.LawOnline.com
www.LegalMatch.com
www.lawyermatch.com
www.PerfectLawyerForYou.com
www.gLawyers.com
www.PickALawyer.com
www.onlinelegalcenter.com
www.lawyercitysearch.com

20

The Truth About Lawyer Advertising

A Final Word to the Wise

You know those 1-800-DAMAGES or 1-800-LAWSUIT type telephone numbers? Be careful.


With some of those vanity numbers, your call is routed through a call center which randomly sends
your call to the next attorney in line. Kind of reminds me of used car salesmen waiting to pounce
on the next unsuspecting customer.

In other cases, lawyers have bought territories for these vanity numbers. Even though you
think you are calling lawyer Smith, your call is routed to lawyer Jones based simply on the zip code
or area code you are calling from. Think I kid? Go to www.hurt911.org.
Just a word to the wise.

20

The Truth About Lawyer Advertising

A Final Word to the Wise

You know those 1-800-DAMAGES or 1-800-LAWSUIT type telephone numbers? Be careful.


With some of those vanity numbers, your call is routed through a call center which randomly sends
your call to the next attorney in line. Kind of reminds me of used car salesmen waiting to pounce
on the next unsuspecting customer.

In other cases, lawyers have bought territories for these vanity numbers. Even though you
think you are calling lawyer Smith, your call is routed to lawyer Jones based simply on the zip code
or area code you are calling from. Think I kid? Go to www.hurt911.org.
Just a word to the wise.

Now Its Up to You

Now Its Up to You

Its up to you to find the right lawyer for your case.

Its up to you to find the right lawyer for your case.

Take Action

Take Action

Be Persistent

Be Persistent

Good Luck

Good Luck

21

Daniel L. Buckfire

ABOUT THE AUTHORS

21

Daniel L. Buckfire

ABOUT THE AUTHORS

Michigan attorney Daniel L. Buckfire and Virginia attorney Benjamin W. Glass have
devoted their careers to representing individuals injured in accident cases and in cases against
insurance companies.

Michigan attorney Daniel L. Buckfire and Virginia attorney Benjamin W. Glass have
devoted their careers to representing individuals injured in accident cases and in cases against
insurance companies.

Mr. Buckfire is a member of the Michigan Association for Justice and is frequently
requested to speak to other lawyers at seminars on the Michigan No-Fault laws. He is also the
author of The Ultimate Michigan Car Accident Handbook.

Mr. Buckfire is a member of the Michigan Association for Justice and is frequently
requested to speak to other lawyers at seminars on the Michigan No-Fault laws. He is also the
author of The Ultimate Michigan Car Accident Handbook.

Daniel Buckfire is a graduate of the University of Michigan Business School and the
University of Michigan Law School. He is an experienced trial attorney with an outstanding
track record of obtaining verdicts and settlements for his clients.

For information on Mr. Buckfires law firm, together with a sample listing of verdicts
and settlements in a variety of cases, visit the firm web site at www.buckfirelaw.com .

Benjamin W. Glass III is a Virginia attorney specializing in personal injury and disability
cases. He is the author of several books on legal topics and a recognized authority on lawyer
advertising and marketing.

Daniel Buckfire is a graduate of the University of Michigan Business School and the
University of Michigan Law School. He is an experienced trial attorney with an outstanding
track record of obtaining verdicts and settlements for his clients.

For information on Mr. Buckfires law firm, together with a sample listing of verdicts
and settlements in a variety of cases, visit the firm web site at www.buckfirelaw.com .

Benjamin W. Glass III is a Virginia attorney specializing in personal injury and disability
cases. He is the author of several books on legal topics and a recognized authority on lawyer
advertising and marketing.

You might also like