Thursday, July 15, 2010

Should attorneys advertise?

I read Jeff Lipshaws comments from the 07/12/10 post "DumpmySpouse.com. (DMS) His points well made. What do you think?
http://lawprofessors.typepad.com/legal_profession/2010/07/dumpmyspousecom.html

Jeffrey M Lipshaw is Associate Professor of law, Suffolk Law School. Please read the article.

See http://dumpmyspouse.com



First a look at the ethics rules of which DMS complies.

MRPC 7.2 Advertising
Oct 1, 1991 To assist the public in obtaining legal services, lawyers should be allowed to make known their services not only through reputation but also through organized information campaigns in the form of advertising. Advertising involves an active quest for clients, contrary to the tradition that a lawyer should not seek clientele. Nevertheless, advertising by lawyers entails the risk of practices that are misleading or overreaching. PAYING OTHERS TO RECOMMEND A LAWYER A lawyer is allowed to pay for advertising permitted by these rules and for the purchase of a law practice in accordance with the provisions of Rule 1.17, but otherwise is not permitted to pay another person for channeling professional work. This restriction does not prevent an organization or person other than the lawyer from advertising or recommending the lawyer’s services. Likewise, a lawyer may participate in not-for-profit lawyer referral programs and pay the usual fees charged by such programs.

DMS is not a private referral agency. It is simply a neutral advertising vehicle similar to Findlaw. For instance a Google search of Flint Divorce attorney and following the Findlaw link brings you to,
http://lawyers.findlaw.com/lawyer/firm/Divorce/Flint/Michigan


On DMS except for my links other attorney presence will be limited to an ad much like a Findlaw ad. See above.

In the upper right of each county page I have placed my name, phone and link to web page as an example. It is neutral advertising of contact information. Other than the ad I will have no affiliation with those attorneys.

On each counties page is the contact information for the county court house and the Friend of the Court. At the bottom is advertising of my State Wide Domestic Mediation.

My position is that dumpmyspouse.com complies with our ethics rules.

The real issue is dose this advertising demean the profession. Here there is a split of opinion. I'll not argue my position here. Simply stated I believe DMS complies and is a public service breaking down barriers to access.

Most importantly you raised the ethical issue. I believe DMS is ethical and will continue this discussion should I be asked.



Terry R. Bankert
1-810-235-1970
http://attorneybankert.com

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11 comments:

吳婷婷 said...

No garden without its weeds.............................................................

Terry Ray Bankert said...

Are you pesticide or seed/

陳璇竹陳璇竹 said...

let us be happey everyday!!............................................................

黃威宇 said...

永遠不要躊躇伸出你的手。也永遠不要躊躇接受別人伸出的手。.................................................................

Lilia said...

I think that lawyers should definitely advertise. It'd be really strange to type a search into google and not come up with anything about criminal law, for example. That could get someone into a lot of trouble.

Helmet said...

Actually, the best kind of garden doesn't have weeds. I think that lawyers not only have a right to advertise, they should. It's not like they want to do a loan modification and screw people over; and if they do, their reputations will show it.

brian said...

Just like anything else, being an attorney is business. No matter if you are an injury lawyer, or a business lawyer. What you do still brings the bread and butter home. There should be no reason that lawyers can't advertise.

Lawyer in Albuquerque said...
This comment has been removed by the author.
Lawyer in Albuquerque said...

Yes lawyers should advertise because in this way the clients have a large variety from which to choose from. This being beneficial for both the clients and the lawyers because they get known by a larger public.
http://new-mexico.williammcbride.com/albuquerque/

bryan flake said...

Attorney's should advertise. They should just be better about it.

bryanflake1984| http://www.malatch.com/social-security-disability-lawyers/

peter james said...

this was a good article, it had a great discussion also.

peterjames23 | http://pbcardiovascular.com