- What happened: A new poll by the U.S. Chamber of Commerce found that 71 percent of likely voters support reforms to rein in personal injury trial lawyer advertising. Read more
- Digging into the numbers: Support was overwhelming across the ideological spectrum, with 73 percent of Republicans, 71 percent of Democrats and 69 percent of independents agreeing with the need to curb rampant attorney advertising.
- Everywhere, all the time: Personal injury firms are funneling big dollars into TV, radio, digital and outdoor ads to help recruit new clients and influence juries.
- Potential clients never need to look far to find an attorney, or are scared out of using certain products or medications.
- The public (and any potential jury pool) becomes immune to massive payouts, increasingly believing they’re justified even when they’re not supported by the facts of a case.
- What about Texas: The Legislature passed a 2019 law aimed at creating clearer disclosures in attorney advertising related to prescription drugs and medical devices. And the Texas Supreme Court recently amended its rules requiring clearer disclosure about what the client actually received in ads touting high dollar judgments.
- This was in response to a San Antonio man revealing he hadn’t received a dime out of an advertised $1.25 billion judgment.
- TLR Thoughts: Attorney advertising plays an outsized role in the lawsuit generation machine, and in building Texas’ dubious reputation as a national leader in nuclear verdicts. The Texas Legislature should look at all the factors playing into this ecosystem, and whether they help or hurt our legal system.
