Entry #2 - Warning! An "Attorney Advertising"
November 30, 2023
This journal is an advertisement for my law practice (if that wasn’t obvious).
I hope it works.
I also hope it demonstrates how strange advertising a law practice can be.
Put simply, advertising as an attorney is complicated…
…which is probably a good thing?
It turns out, “ambulance chaser” jokes do well at parties. So do a lot of other attorney jokes.
I think the reason why is pretty obvious, we all have an understanding of how a “good attorney” should act, and it is funny when one doesn’t act the way we think they should. (“Things are always looking up for Ol Gil!” – The Simpsons).
What most non-laywers don’t realize is that we attorneys, as an entire profession, have imposed rules upon ourselves that reflect the ways we think “good attorneys” should act. That way, no more new jokes get made.
So it should be no surprise that there are some good rules governing how we as attorneys can advertise ourselves (you know, because of “ambulance chasers”).
After all, shouldn’t lawyers be more interested in genuinely helping people, rather than just monetizing their misfortune?
The first and most obvious rule governing how I can advertise is that I cannot make “a false or misleading communication” about who I am, what I am capable of doing, and what I have achieved. Makes sense right?
Second, any advertisement I make must not use an actor to portray myself, a client, or depict fictionalized events, unless I tell you about it (this one won’t).
I also have to tell you where the ad came from, and how to contact the firm who paid for it (this one came from me, you can contact me on this site).
Last, while it is difficult to tell you exactly how much any one particular project will cost, if I do it in an advertisement, I have to describe “all relevant charges”, which completely depends on the specifics of your situation, and is why no one does it.
These all make sense for advertisements…
But what about if I just go out and talk to people I think I could help?
Yes, there are rules about that too.
Recently, I took my first business trip on behalf of my new law practice.
I went to the 2023 meeting of the Society for Neurosciences, which consists of a collection of varied people who are really interested in figuring out how our brains work.
There are also some people trying to monetize that understanding, which is more difficult than you’d think.
One other benefit was that this convention happened to be in Washington D.C., a city that is often associated (though not always) with some very “good attorneys.”
It also made sense for my background. I have been learning about neuroscience for a while now (15 years), and I’ve worked in the industry for almost just as long.
You would think I should just go talk to people with shared interests at this convention, tell them about myself and my skills, and perhaps I would be able to help them.
But how is that really any different than being an “ambulance chaser?”
As lawyers, we have decided that “it’s complicated.” In Utah, we have agreed not to “solicit professional employment” in person with the “significant motive of obtaining monetary gain”, unless it is from:
Another lawyer,
A family member,
Or someone we already have a close personal or professional relationship with.
So how exactly am I supposed to go advertise myself to the (mostly) strangers at the brain conference?
A good friend helped me with the answer:
it’s not about me, it’s about them.
I should be going to this convention to reconnect with close personal and professional contacts that are also attending. It’s important to still talk with people who you already know and learn about their new challenges.
I should also be going to this conference to learn about my industry, and to challenge myself scientifically by listening to what other people have to say.
In fact, as a “Registered Patent Attorney”, I am ethically obligated to posses “the scientific and technical training necessary to provide valuable service to patent applicants.” (Yes, another rule.)
This makes my “significant motive” not about me or money, but about how my industry is progressing, what new science has come out, what people are worried about, and how I can genuinely help them.
I think that makes sense to anyone in advertising…And it’s actually a pretty a good way to bypass the awkwardness of networking.
In the end, the hard part about creating this journal is that I must be “truthful in statements to others” (Rule 4.1, rules will be a theme), but sometimes the truth is complicated.
It’s also hard to write because I used to read other people’s emails for a living…
Ultimately, there is no rule against you contacting me if you think I can help you understand a complex problem better. But until you do, and we both agree it makes sense, I am not your attorney, and this entire journal is not legal advice directed specifically at you.
I’m just thinking out loud, so you can read about how I think about being a “good attorney” for myself.
