How do you feel about Bulldogs?

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1. 800. 973.1177

COURT REPORTER

How do you feel about Bulldogs? [James Kilpatrick] First question: How do you feel about trial lawyers? Second question: How do you feel about pit bull dogs? May the one breed lawfully adopt an image of the other?

The Supreme Court will step into this

the court unanimously rejected the referee’s

confidence in, the legal system. Were we

touchy question if it agrees to hear an

recommendation. Instead, the court found

to approve the referee’s finding, images of

appeal brought by two Fort Lauderdale

Pape and Chandler guilty of unprofessional

sharks, wolves, crocodiles and piranhas

lawyers against the Florida Bar. Some close

conduct. If that ruling is not reversed, the

could follow. This type of non-factual

questions of First Amendment law make it a

two lawyers must suffer a public reprimand

advertising cannot be permitted ...”

tough case to call.

from the bar’s Board of Governors and must

At least the facts are not in dispute. The

attend the Florida Bar Advertising Workshop.

The Florida lawyers are eloquently represented in the U.S. Supreme Court by

two lawyers are John Robert Pape and

Florida’s Chief Justice Barbara J. Pariente

professor Rodney A. Smolla of the University

Marc Andrew Chandler. Their practice goes

held that by invoking the image of a pit bull,

of Richmond School of Law. In his petition for

primarily to personal injury litigation. Three

Pape and Chandler “demean all lawyers

review he argues persuasively that lawyers

years ago they began advertising their

and thereby harm both the legal profession

should not be punished for advertising

professional services through a series of

and the public’s trust and confidence in our

“that is not false, fraudulent, deceptive, or

television commercials. The commercials

system of justice.” The image of a pit bull

misleading in any sense.” Good point. Is the

included a logo that featured an image of a

evokes an image of a lawyer who is vicious

amorphous “dignity of the profession” an

pit bull wearing a spiked collar. The firm’s

to the opposition. Some pit bulls may be

interest so overriding that it trumps a First

telephone number was displayed: 1-800-PIT-

loyal, persistent and tenacious, but these

Amendment right of commercial speech?

BULL.

charitable associations ignore “the darker

Good question.

The Florida Bar charged them with violating its rules of professional conduct. After a one-day hearing in September 2004, special master William W. Herring ruled in their favor. He found nothing unethical in a commercial that promotes lawyers as bulldogs. The breed is identified “with the qualities a consuming public would want in a trial lawyer,” e.g., that the lawyer is “aggressive, tenacious, loyal and persistent.”

side of the qualities often also associated with pit bulls: malevolence, viciousness and unpredictability.” The chief justice cited a study of fatal dog bites between 1979 and 1998. Pit bulls were charged with a third of them. She cited a string of court decisions attesting the dangerousness of the breed. She and her colleagues could not condone a TV spot

Lawyers have had a tough time of it at least since Luke wrote his gospel 2,000 years ago. “Woe unto you, lawyers!” Keats placed lawyers in “the natural history of monsters.” Daniel Defoe called them “mountebanks.” In his New Dictionary of Quotations (1942), H.L. Mencken rounded up 89 notable lines about lawyers: Only 13 citations had anything good to say about them. Unfair!

suggesting that a lawyer will get results

My own thought comes down to this: If I want

“through combative and vicious tactics that

to sue my doctor for a botched operation,

“The advertisement is tastefully done,

will maim, scar or harm the opposing party,”

give me a pit bull lawyer every time. And if I

the logo is not unduly conspicuous in its

but this is “precisely the type of unethical

learn of his services on TV, so what?

replacement of an ampersand between the

and unprofessional conduct” that is conveyed

partners’ names, and the large print 1-800

by Pape and Chandler on TV.

He added:

number is an effective mnemonic device. ... There are no slogans, jingles, alarm bells or the like, nor does the ad suggest a favorable outcome through the employment

“Indeed,” the chief justice concluded, “permitting this type of advertisement would make a mockery of our dedication to

(Letters to Mr. Kilpatrick should be sent by e-mail to kilpatjj@aol.com.) COPYRIGHT 2005 UNIVERSAL PRESS SYNDICATE

promoting public trust and confidence in our

This feature may not be reproduced or

system of justice. Prohibiting advertisements

distributed electronically, in print or otherwise

The Florida Supreme Court was not

such as the one in this case is one step we

without the written permission of uclick and

impressed by Herring’s report. In a

can take to maintain the dignity of lawyers,

Universal Press Syndicate.

remarkably stuffy opinion last November,

as well as the integrity of, and public

of improper means.”

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