Lawyer Advertisements on TV – Are They Ethical?
I am neutral on the topic of whether or not lawyers advertising on television is ethical or not. It boils down to freedom of speech. The 1st amendment protects us against the government, so Congress cannot make a law against it. It does not, however, protect us from businesses, organizations, and the ordinary citizen. I am in favor of free speech for all but there are some cases where lawyers need to be aware of what they are saying.
I was looking at bankruptcy lawyer’s websites and commercials and saw good and bad ethics on display. Starting with the good, I noticed on their websites they gave information on how to prevent bankruptcy. They want to help you avoid destroying your credit rating. They let you know bankruptcy was a last resort and shouldn’t be done without exhausting all other options. Television ads are generally 30 seconds long and need to put out a lot of information. But some do add some sort of disclaimer to avoid bankruptcy first.
On the other side, some lawyers did not provide information to avoid bankruptcy or made the information hard to find. They make it sound like a great way to relieve stress in your life. Stop the creditor phone calls, harassment, etc. Bankruptcy is only a short-term stress relief. In the long run, it is many years of frustration at not being able to get credit, or only getting credit with ridiculous financing fees.
In order to keep free speech alive, lawyers must be allowed to advertise on TV. There are some with good ethics and some without. We cannot let the bad outweigh the good. Lawyers should be aware of what they are saying and do the best they can to make sure they are not hurting anyone. By policing themselves, they do not invite the ABA or others to do it for them. It will also do a lot of good with public …
