I can remember when it first became okay for lawyers to advertise on TV. Nevada's bar association controls the ones in this state.
A few years ago, they ruled that the Nevada lawyer who was calling himself The Heavy Hitter couldn't claim to be the only heavy hitter. So he changed his ad to A Heavy Hitter. There is a lawyer in Colorado who was also calling himself The or maybe A Heavy Hitter, but I don't think he does anymore. I googled it, and there is a law firm in Syracuse, New York still advertising themselves as The Heavy Hitter.
Back here in Nevada, the new rule changes apply to that same lawyer. I don't know to what extent the other advertising lawyers are affected by it, but up until now he has made no secret that he doesn't try cases any more - he just represents his firm on the TV ads. By reading the new rules below, you get an idea of what has been going on.
Among other things, the new rules require actors to be clearly identified as such in ads and require disclaimers to be clearly displayed in both print and television ads. For print ads, disclaimers must be big enough to see.
The new rules also require the naming of lawyers who will provide services touted in ads and require the dollar amount of a court award listed in an ad to be the amount received by a client.
Ads listing a specific fee or range of fees now must list how long they remain in effect and other limitations, and they can't promise that clients must pay only if their attorney wins the case. This is because sometimes if you lose a court case, you have to pay the other side's fees and court costs.
If a gross amount of an award is stated, attorney's fees, litigation expenses and other costs must be disclosed as well.
Lawyers can continue to cite their records and results in ads. But you can only cite the results if you were lead counsel in the matter or key in the result.
Take that, Mr. Heavy Hitter.