More Fun From Florida

Oh Florida Bar, you make blogging so much fun. 

Here's yet another story from the Sunshine State.  This time, the Bar is trying to stop a lawyer from using the slogan "Don't settle for less than you deserve," even though the bar approved the slogan's use five years ago.  Apparently, the phrase is problematic because it contains "subjective statements that can't be factually substantiated."

Can someone tell me what qualifies as a subjective statement that can't be factually substantiated?  How about Cravath saying that it is "the premier American law firm?"  Or Wachtell's assertion that they offer their "clients an intense and highly individualized focus on their matters?"  Try factually substantiating that.

My point is not that these great law firms are doing anything improper.  It's that most law firms say something about themselves that is difficult or impossible to factually substantiate.  So here's to you, Public Citizen.  Make sure you don't let your client "settle for anything less than he deserves" -- a judgment in his favor.

Comments

[Jeff Lipshaw]

When you get off the airplane in Indianapolis, one of the big firms there (either Baker & Daniels or Ice Miller, I can't remember which) has (or had) a big billboard with the tag line: "We Know the Territory." Try substantiating that.

[Andrew Perlman]

Jeff,

Indeed: http://legalethicsforum.typepad.com/blog/2007/10/stadium-naming-.html

[John Steele]

I don't even read that as a statement. I read it as a command. "Sit, Spot!" is not a factual statement either. Ah, the joys of FLorida. I once saw a listing of law firms and tag lines. I wonder what percentage would run afoul of this rule.

[Alan Childress]

Hmm. Naming rights! All sorts of wings in NYU's hospital are named after various members of Perlman's family, though they spell him wrong. I guess the Fla or NJ bar would find that to be misleading as well.

Still waiting for Target to sponsor a stadium, add its emblem atop some dome, and expect the Homeland Security outrage.

I think Jeff was once named a SuperLawyer. Doesn't that mean that the title is inherently nonmisleading? I assume that by now at Suffolk he is under a red sun.

Seriously, I once was amused by these Fla stories, but it is getting to the point where its members should demand a refund on any dues that pay for the bar to be spending its disciplinary focus as it is. Likely while really bad lawyers scrape by because of backlogs.

[Andrew Perlman]

Alan, I wish those hospital wings were named after someone in my family. I would have gotten that person to establish the Perlman Chair of Ethics at my school and make sure that I got the Chair. Now THAT would be good, non-misleading advertising!