Soon after the Super Bowl concluded, I received an email from a college classmate, addressed to me and another attorney from our class: “Did you guys see this Super Bowl ad that ran only in Georgia last night? As attorneys, perhaps it speaks to your own professional pride.” The link was to personal injury attorney Jamie Casino’s two-minute tale of sin and redemption (with a prominent flaming sledgehammer), described variously as “the Most Insanely Epic Super Bowl Ad Last Night” (Slate) and “Ridiculously Badass” (Adweek) and “Batshit Amazing” (Deadspin).
Four points come to mind.
First, the ad was only possible because of Georgia’s sensible rules on attorney marketing. In many states, like Florida, Casino’s ad would have been prohibited by absurd Bar Association rules that go so far as to “prohibit images of an American flag, the Statue of Liberty, and a cactus,” as I discussed back in December. You can see in the comments to my post about Florida’s rules former Georgia Bar President Ken Shigley describing the sensible approach they took, which simply prohibits “false, fraudulent, deceptive or misleading” advertisements, and then requires certain disclaimers.
Second, to all the traditionalists who believe that flashy ads like Casino’s inherently demean the legal profession, I say, to paraphrase Bob Dylan, is there anything more American than advertising? Whatever the ad’s positives and negatives, the ad tells potential clients a lot about Jamie Casino — and that’s a good thing. Lawyers are not wholly interchangeable. The reason that superlatives like “best” and the like are sometimes prohibited in attorney advertising is because they’re meaningless, and Jamie Casino’s ad is anything but meaningless.
However, just because Jamie Casino should be able to make such an ad doesn’t mean that he should actually do it.