I am barraged by testimonial ads on TV. "I received $150,000 from my auto accident from attorney--," one after another. I do not see how these ads help any potential client make a decision on choosing an attorney. The testimony leaves out many material facts, such as policy limit, coverages that were available, extent and nature of injury, and whether that figure includes property damage and PIP, to name a few.
If the ad stated the client had received $150,000 by being paid the tortfeasor's 100k liability policy limit and 50k from their own 50k UM coverage for a soft tissue injury with 4 percent permanency from a chiropractor, OK, that would tell the potential client that attorney has something to offer. Or, conversely, those two insurance adjusters are the ones he would want handling his claim.
But is the client receiving $150,000 from a $1 million commercial trucking policy coverage with a $5 million excess policy behind it? And is that client a mother of four, age 32, now quadriplegic, and can no longer work at her $120,000 a year job? Then a potential client might say, "That attorney blew it!"
I think it is a mistake for recovery figures to be quoted without a basis for the recovery being stated. I would urge the Bar to rethink testimonials in TV advertising. That or make the advertising attorney post on his website all the facts of the case along with contact information for his testifying client.
Not to mention that advertising settlement dollar amounts confirm to the public that plaintiff attorneys are the aggressive riffraff that the defense bar and insurance companies claim we are.
Plaintiff attorneys should instead be viewed by the...