Even before I started law school, I was troubled by the
Supreme Court decision in
Bates v. State Bar of Arizona,
433
U.S. 350 (1977).
That case opinion,
delivered by the late Justice Harry Blackmun, essentially legalized attorney
advertising on par with advertising by any other commercial concern.
Once Blackmun opened the flood gates, the
worst of our profession have been able to garner the best public attention.
[To set matters straight regarding my own promotion of my
professional services to the public, I have essentially adhered to the pre-Bates
standard: A listing in the telephone
directory and in Martindale-Hubbell, business cards, and ads in fundraiser
dinner journals. This suits my practice
quite well, inasmuch as I have a small group of existing clients whose respective
legal issues periodically require my attention, and to whose numbers I am not
in any hurry to add, what with my other activities, including but in no way
limited to teaching and researching for other attorneys.].
Being in the medical profession, my wife gets particularly
exercised when she hears radio ads by attorneys in general, and attorneys
practicing medical malpractice in particular.
Beyond this, my wife and I do differ, and have gotten into some animated
disagreements, not over the obnoxiousness of advertising by doctors or lawyers
(over which we agree), but over the absence of clean hands on the part of the
medical profession. My posture
essentially is that the lawyer ads are obnoxious and sickening, but that the
doctors they sue are getting what they deserve.
This afternoon, however, we found ourselves in agreement
over an obnoxious lawyer ad by the firm of
Acosta
& Williams, LLC, an ad we heard on at least 4 occasions during our
afternoon excursion and return.
A&W
is now trying to drum up some business from patients who developed diabetes
from taking Lipitor for their cholesterol.
Per the radio commercial, their targeted defendants are not the
physicians, but the pharmaceutical companies.
Surprisingly, my wife agreed with me that lawyers such as
A&W are the just desserts for Big Pharma, in light of Big Pharma's shifting
of its advertising from the medical profession publications such as the
Journal of the American Medical
Association or the
New England Journal of Medicine to the common, ordinary, everyday consumer
tabloids.
Now that Big Pharma has largely
cut out the physician as the facilitator, the plaintiff's injury bar is cutting
out the physician and dealing directly with the drug manufacturers.
Ironically, about a year before Justice Blackmun
green-lighted attorney advertising, he authored the opinion in
Virginia
State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.,
425
U.S. 748 (1976), which allowed pharmacists to advertise the prices of drugs
to the public.
One thing is clear:
As the cost of health care rises (which it cannot help but doing under the
Obamacare scheme), lawsuits against physicians and drug companies will continue
to play a very vital role in underwriting the procurement of medical treatments
and remedies. Though it is not my own
area of practice, it cannot now be said that the legal profession is unprepared
to help the public finance its healthcare expenses.
Labels: Attorney advertising, Big Pharma, health care, Obamacare
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