In recent years, you’ve probably noticed an uptick in ads from law firms promising big settlements or a quick resolution to your legal troubles. In the world of legal advertising, trial lawyers have increasingly turned to manipulative legal advertising to attract clients. These strategies, often cloaked in the guise of public service announcements or health alerts, can mislead the public and create unjustified fears.
The Rise of Misleading Lawsuit Advertisements
Traditionally, the legal profession frowned upon attorney advertising. However, the landscape has dramatically shifted, and the public is now inundated with manipulative legal advertising through television commercials and internet ads soliciting them to “call right now” to file a lawsuit. These ads often present themselves as public health alerts, warning viewers that the use of a consumer product can cause illness or disease, even if such claims are contrary to scientific consensus. For instance, some ads tell viewers that using a prescribed medication can have dire consequences such as heart attack, stroke, death, or birth defects, without indicating the rarity of such side effects or complications. This creates the impression that the product is dangerous even when it is approved by the FDA as safe and effective.
Fearmongering and Public Health Risks
One of the most concerning aspects of manipulative legal advertising is their potential to create public health risks. Fearmongering lawsuit ads can mislead viewers to believe that FDA-approved medications will harm them, leading some people to discontinue their prescriptions or not seek treatment at all. For example, ads targeting prescription drugs often fail to inform viewers that the drug remains approved by the FDA unless it has been recalled or withdrawn. This omission can cause individuals to stop taking necessary medications, resulting in adverse health outcomes.
Legal and Ethical Implications
State ethics rules focus on whether attorney ads are likely to mislead potential clients about the terms of a lawyer’s services, not whether the ads present a public health threat. State bars and disciplinary authorities rarely enforce rules on advertisements, and what enforcement does occur typically follows the filing of a bar complaint—usually by a competing attorney or law firm. Injured patients, their families, and doctors may not realize the influence of the ad or its sponsor, or their ability to complain to a state bar.
Legislative Efforts and Court Rulings
Several states have enacted legislation to combat manipulative legal advertising. For example, Florida’s H.B. 1205 prohibits legal service ads from using government logos or terms like “health alert” to mislead viewers and requires express written consent before sharing private health information.
Louisiana’s S.B. 383 mandates that legal service advertisements disclose attorney fees associated with settlements or jury verdicts, include disclaimers for past successes, prohibit misleading portrayals, and ban the use of nicknames or promises of results.
Similarly, Texas’ S.B. 1189 prohibits presenting a television advertisement for legal services as a medical alert, health alert, drug alert, or public service announcement and requires ads to warn viewers, verbally and visually, “Do not stop taking a prescribed medication without first consulting your doctor.”
Why it Matters
The manipulative legal advertising tactics used by trial lawyers to attract clients pose significant ethical and public health concerns. While some legislative efforts and court rulings have begun to address these issues, more comprehensive regulation and enforcement are needed to protect consumers from misleading advertisements. As the legal landscape continues to evolve, it is critical for policymakers and the legal profession to work together to ensure that attorney advertising practices are transparent, truthful, and in the best interest of public health.
