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Apparently the American Bar Association is going to be issuing new and more stringent model rules on Law Firm Marketing. While some consultants may feel this is going to be a bad thing for the profession, I think this is going to be excellent. Fantastic actually. Here are a few reasons why:
Less Competition: People Will Leave the Profession in Droves
Let’s face it; there are already too many lawyers. If the ABA creates new (and more restrictive rules) on law firm marketing, and some states adopt those rules, lawyers will become even more frustrated by their lack of ability to make a living. This means they will have to find something else to do. That will help shrink the already overwhelming number of lawyers practicing today.
This “thinning of the herd” will result in the remaining lawyers being able to charge higher fees and work more hours.
Marketing Will Become More Innovative
Any time you over regulate something you force people to innovate. Think bootleggers during prohibition and present day drug traffickers. Innovative lawyers will find a way to get to potential clients with their message.
Even in the most restrictive law firm marketing state in the United States, Florida, we find people circumnavigating the rules all the time and calling it “innovative marketing”. For example: A personal injury lawyer will hire an “accident investigator” to interview an accident victim in a hospital within days (sometimes hours) of an accident. This investigator will then subtly introduce the attorney’s contact information to the victim and, sometimes initiate contact. Is this a violation of the Florida Bar Rules? Yes. Is it provable? Maybe. How many attorneys get busted for this? Not too many.
Innovation. Thomas Edison would be proud.
The Public Will Be Protected
Freedom of choice leads to bad decisions. Let’s protect the public from having as many choices as possible.
Restrictions on law firm marketing mean that people will be forced to ask their friends and neighbors for legal referrals. So if they get arrested for a DUI they will need to pick up the phone and call everyone they know and tell them what happened while they ask if they know a Criminal Lawyer. This is great. The shame of this process will certainly prevent them from ever drinking and driving again.
Think of the great deterrent this will be to divorce. You are thinking of getting divorced and you want to discuss your options with a lawyer. You call all your friends and neighbors and get some attorney referrals. Your spouse finds out that you are looking for attorney referrals and he gets to all the attorneys before you do. This creates dozens of conflicts and nobody can represent you. What do you do? You stay married!
There are probably dozens of other reasons why more stringent regulation of law firm marketing is a great idea but these three alone should be enough to convince you. Less competition, greater innovation and better protection of the public. What more could you want?
This will definitely enhance the reputation of the ABA as an industry advocate. I’m sure solo and small practice lawyers will be rushing out to join the ABA in droves after they see the good work they are doing.