A new national survey showing 65 percent of Americans see attorney advertising as annoying and an attempt to take advantage of consumers seems to be resonating with legal observers in Louisiana.
A new state law authored by state Sen. Patrick Connick (R-Marrero) attempted to reduce misleading claims in attorney advertising, but the Louisiana Supreme Court has yet to follow through and toughen rules on such ads. SB 115 urges attorneys who mention previous damages awards and settlements in their ads to also include how much was taken out for lawyer fees.
“We certainly don’t need more trial lawyer advertising in Louisiana,” Lana Venable, executive director of Louisiana Lawsuit Abuse Watch, told the Louisiana Record in an email. “During the last half of 2018 alone, one legal services ad aired every minute on average in New Orleans, Baton Rouge and Shreveport, purchased at an estimated cost of $16 million.”
The national survey conducted by the American Tort Reform Association in December also found that 74 percent of Americans favored giving small businesses harmed by the coronavirus pandemic assistance through public policy rather than having attorneys help them by filing civil lawsuit claims.
“Not surprisingly, this new survey has found that the majority of Americans believe elected officials should respond to the COVID-19 crisis – not trial lawyers seeking to exploit the pandemic for profit,” Venable said.
Only 6 percent of the respondents in the ATRA survey said legal claims brought by trial attorneys offered a better approach to COVID-19 concerns than government assistance to businesses through grants or loans.
“Our polling data show that Americans are tired of trial lawyers’ schemes,” ATRA President Tiger Joyce said in a prepared statement. “When it comes to COVID-19 recovery efforts, the evidence is clear: A majority of Americans want their elected officials – not trial lawyers – to handle COVID-19 relief and aid.”
As other states have done, Louisiana lawmakers passed and Gov. John Bel Edwards signed COVID-19 legal liability protections last year for businesses and health care providers who followed official guidance to protect customers, employees and patients.