On Pitbulls, Piranhas & Other Creatures: Why Attorney Advertising Makes Us Gnash Our Teeth and Wring Our Hands and What Can Be Done About It

Victoria V. Kremski, Thomas M. Cooley Law School

Abstract

This article argues that certain objectionable attorney advertising is a professionalism issue and that the rules of professional conduct do not readily address objectionable attorney advertising. Actual cases of attorney discipline are used to illustrate the premise that the rule of professional conduct prohibiting false, fraudulent and misleading advertisements is not an effective tool for addressing rude and objectionable attorney advertising. An exploration is also made into the question of whether prosecuting attorneys for advertising violations has an unintentional, de facto, discriminatory consequence. Educational and preventative alternatives are discussed as a partial solution for addressing objectionable attorney advertising.