Ethics of lawyer advertising in an AI world

“Laws like the DPPA are

in place to protect consumer privacy and deter unethical marketing

practices. I spoke on this topic at the AAJ Winter

Conference "

- Attorney Howard Ankin

I recently spoke on lawyer advertising and marketing ethics at the American Association For Justice Winter Conference. With over 300 lawyers in the room that morning, I realized that competition for clients was far more serious than I had even realized. Attorneys looking to stand out in the crowd are becoming more aggressive in walking the line with ethical conduct related to communicating services with the public. I reviewed current technology and how historic ethics laws and norms were written for past generations and do not speak to technology issues today. 

Laws are in place to protect consumers and deter unethical marketing practices. One such law is the Drivers Privacy and Protection Act (DPPA). This law applies to anyone with a driver’s license to protect the privacy of personal information assembled by the State Department of Motor Vehicles (DMVs). The DPPA prohibits the release or use by any State DMV of personal information about an individual obtained by the department in connection with a motor vehicle record.

There are a host of cases surrounding this law throughout the country. For example, in South Carolina, a law firm was questioned whether it was obtaining information about new car owners as discovery in the case or to drum up more business. The firm sent a Freedom of Information Request to the DMV and then sent a marketing letter to people who purchased and registered a car from specific dealerships. A car dealership manager received this marketing letter and filed under the DPPA. In another instance, a law firm in St. Louis was able to obtain motorist reports and sent letters to individual households marketing its services. One marketing letter arrived in a home addressed to a mother and another at the same address to her four-year-old child. This example also resulted in a lawsuit. It was questioned why a marketing letter would be sent to a

4-year-old when this information would not have been able to be obtained but for a violation of the DPPA. 

Review of other laws and the cases that analyzed these laws were well received. In the aftermath, I was asked many personal questions about my philosophy and daily practice with advertising my legal services on TV, busses, billboards, etc. I indicated I try to represent myself as someone who knows the law, cares about their situation, and has a strong staff who is also highly knowledgeable and caring. If anything, I hope that I undersell in my advertising and over-deliver in my practice.



Attorney Derek Lax secures a 2.8M settlement in WC third-party case

Ankin Law is proud to note a very good result obtained by Attorney Derek Lax. His client contracted Legionnaires’ disease while working in a Chicago building. Derek litigated the workers’ compensation claim and attended the mediation sessions, including the third-party action against the management company. With Derek’s good work and assistance, the client was able to recover 2.8M dollars.

This recovery represents the largest settlement in Cook County for a non-fatal Legionnaires' case.

Heriberto was guided through every step of his case

While sitting at a traffic light, Heriberto’s truck was struck by another vehicle. After being injured, he

knew hiring a lawyer and getting proper treatment would be a good idea. Heriberto had heard good things

about Ankin Law, contacted us, and his case was assigned to attorney Raquel Gross.

Raquel and her legal assistants got Heriberto the treatment he needed for his injuries and kept him up to date on the status of his case, answering questions every step of the way. In this video, Heriberto talks about working with Raquel and her team and how she made the legal process easy.

Watch Heriberto

Attorney Sarah Kirchner describes her first trial

Stepping in front of a judge in a courtroom for the first time is a major milestone for any attorney.

Attorney Sarah Kirchner experienced this moment just a few months after passing the bar exam.

Helping her client get the surgery he needed while learning alongside Attorney Scott Goldstein was

an experience she’ll never forget.

“Sarah was able to clerk for us prior to passing the bar exam,”

said Scott. “This experience helped her learn how we work at Ankin Law and helped pave the way to trial on this case.

We’re delighted to see her grow.”

Watch Sarah and Scott