f/k/a . . .

May 6, 2005

SCotching lawyer nicknames

Filed under: pre-06-2006 — David Giacalone @ 1:33 pm

Florida’s lawyer-advertising police can finally point to a state with even sillier

rules than their own — South Carolina.   Thanks to some asinine legislative over-

reaching by “tort reformers,” it is now unlawful for a lawyer to advertise with “a

nickname that creates an unreasonable expectation of results.”  (S.C. Code

Section 39-5-39(1); the legislation is summarized here, with links) (via RiskProf,

who has done some interesting brainstorming; and Walter Olson

 

Of course, one might argue that no nickname creates an “expectation of results.”  

(especially in a part of the Country noted for nicknames).  But, that would require

a belief — apparently lacking in the South Carolina Legislature — that consumers 

have brains (see our post & comment). 

 

I expect this Nickname Ban to be struck down as an overbroad limit on     hammer

commercial speech.  Here in Upstate New York, we once had Jim “The Hammer

Shapiro, and have had “The Heavy Hitters“ (Martin Harding & Mazzotti) for years,

plus four lawyers who practice separately but advertise jointly as “The Dream Team.”

So far, our consumers have successfully avoided Sobriquet Expectation Syndrome

 

Should the ban on nicknames be upheld, I suggest that South Carolina lawyers

consider officially changing their given or middle names — perhaps to Champion,

Rock, Vindicator, or the ever-popular Hammer.  And, please plan ahead: give your

children names they can grow into that inspire confidence in the gullible.  Native

Americans — or their admirers — could probably come up with some very evocative

and effective names (”She Who Takes Many Scalps,” “He Who Always Gets One-Third”).

Do you think “Sue” is allowed?   Got any (family-rated) suggestions?   Please use the

Comment link below.

 

 









its name tag blowing
in the winter rain…
bag of rice










ISSA, translated by D.G. Lanoue

 

 

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