University of Houston political science professor Brandon Rottinghaus and Texas Lawyer David Coale had a discussion on legal billboard advertising on the Texperts Podcast.  Some of the highlights.

Legal advertising in Texas

 Texas lawyer advertising is governed by rule 7 of the Texas disciplinary rules of professional conduct enforced by the Texas State bar and Texas takes this very seriously. Why, because legal advertising doesn’t target casual consumers –  it targets people who are injured, scared, overwhelmed – people making high stakes decisions under pressure.  The state’s view is pretty simple.  You can advertise, you just can’t mislead.  That’s the core principle. Everything else flows from that.  You can’t guarantee results ever.  No we will win your case. No guaranteed settlement.  No dollar amounts that imply certainty.   Even phrases that feel harmless like “we will fight for you” can cross the line if they create unjustified expectations…Texas allows for trade names…Texas allows humor.  But branding can’t be misleading.

Bates vs Arizona allowed legal advertising

So go back in time to the to…the early 70s…Lawyer advertising of any kind beyond a basic business card…was forbidden… the case was called Bates versus Arizona… Bates wanted to have what by today’s standards is a very modest ad and Arizona bars that…it went all the way the US Supreme Court and it set the basic rule that we now have…which is lawyers have a First Amendment right to advertise…services just like anybody else selling anything …However there are some unique features about lawyer advertising that require a little careful stepping…There is some belief…that the lawyer has superior knowledge about the system, about the law and an unscrupulous lawyer could take advantage of that and there are also things that we as lawyers throw around that we know what it means but someone might not know what it means… if I say I won a $20 million jury verdict last year that sounds pretty impressive and that’s cool. However you and I both know that doesn’t necessarily mean my client gets $20 million bucks in the pocket… the verdict might not have been affirmed, the guy on the other side might have been broke. There’s more to the story

Is there a good return on investment on billboard legal ads?

People wouldn’t be doing it if it didn’t bring in business right…it doesn’t do you any good to be a really good lawyer if nobody knows what you’re doing and if nobody knows that you’re there to potentially hear the case…If you’re trying to get just Joe 6 pack out on the street you got to go where Joe 6 pack is and advertising is the what is enables that kind of conversation to happen…