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Shapiro’s ads were highlighted in a Prairielaw.com article titled “Lawyer Ads Get Loud.” The author, Jeff Williams, noted that manic lawyer ads have spread from late-night TV to the Web:
“I’m Jim ‘The Hammer’ Shapiro,” proclaims this New York attorney’s site. “I get money for seriously injured people … from imbeciles who hurt innocent people … I want to get YOU the biggest, fattest cash award I can, as fast as I can, from as many defendants as I can find. Just call me! Day or night, I’ll talk to you free.”
The Prairielaw article asks “Aren’t there rules about this? Just how far can lawyers go?” and gives a good general explanation of the issues involved.
Here at ethicalEsq, we believe this line of cases can serve clients well. Trial lawyers need to make clear to clients upfront whether their strategy and track record is to settle and avoid trial. It’s not just a matter of malpractice and misleading advertising. If a law firm’s business plan is to attract lots of clients and settle their cases quickly, with no likelihood of trial, charging the standard contingency fee is almost certainly unethical, as the risk of putting in a significant amount of uncompensated hours is far less than when the firm is willing to go to trial. Unless the client is fully informed and can negotiate the level of the contingency fee, a strategy of quick settlement shortchanges the client and overcompensates the lawyer. [See our posting Using a Standard Contingency Fee is Often Unethical]