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James J. Shapiro

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James J. Shapiro (also known as Jim "The Hammer" Shapiro) is a personal-injury lawyer who lived in New York; was admitted to the practice of law in New York state on February 15, 1983; has continuously resided in Florida since 1991; promoted himself though aggressive television commercials in New York "as prepared to take and had taken personal action on behalf of clients" while actually living in Florida "with his role limited to acting as spokesperson, providing funding and responding to questions"; resulting in a $1.9 million judgment against him in 2002 and his being suspended from the practice of law in New York in 2004 and in Florida in 200 for a year. Shapiro is the founder of three law firms which he sold; "graduated from Boston University Law School's Masters Program, is a member of the New York and Florida Bar, and the Plaintiff's Securities Lawyers Group [and] had offices in Broward County, Florida, as well as Rochester, Syracuse, and Buffalo, New York."[1] [2] [3] [4]

Local newspapers claim that Shapiro was "famous for his absurd and annoying television commercials"[5] which were "flamboyant television commercials in which he promises to deliver big cash to accident victims [and] gleefully refers to himself as 'the meanest, nastiest S.O.B. in town'"[3] and "in which he promoted his aggressive courtroom prowess" [6].

Shapiro is as an example of the evolution of legal ethics regarding the advertisement of legal services. Most bar organizations now ban the type of false and misleading and Crazy Eddie style television commercials used by Shapiro. The New York Bar has proposed additional restricitions on attorney advertising.[7]

Changes to the law

"For decades, many professions discouraged or even prohibited professionals from advertising their services out of a fear of deception. While professionals are now generally permitted to engage in advertising, professional associations and state governments continue to impose restrictions on the content of professionals' public statements."[8]

The United States Supreme Court ruled in the case of Bates vs. the State Bar of Arizona on June 27, 1977:

"commercial speech does merit First Amendment protection given the important functions it serves in society, such as providing consumers with information about services and products, and helping to allocate resources in the American system of free-enterprise. The Court held that allowing attorneys to advertise would not harm the legal profession or the administration of justice, and, in fact, would supply consumers with valuable information about the availability and cost of legal services."[9]

Lawyers in the United states are to a significant degree self regulated by the bar association; which while it currently allows advertising [10] states "A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading."[11]

The Legal Ethics Resources on the Web (prepared by Brad Wendel Associate Professor of Law at Cornell University School of Law) gives Jim "the Hammer" Shapiro top billing under the subheading "Appalling Lawyer Ads".[12]

The Canadian Medical Association Journal's Litigation online by Michael OReilly from April 4, 2000 introduces his topic using Shapiro as example number one of what not to allow in Canada: "If Canadians are lucky, they will never walk as far down the litigation trail as their American neighbours. However, the Internet is helping to spread the American gospel of victimization, and numerous sites are now available that publicize lawyers who specialize in targeting physicians. Many American lawyers now have cyber practices and some certainly catch visitors' attention. The Shapiro and Shapiro site - www.shapiroshapiro.com - is home to Jim 'The Hammer' Shapiro. This firm actively seeks medical malpractice cases with slogans such as 'Sue the Bastards' and 'I may be an S.O.B., but I am your S.O.B.' "[13]

Consequences

"Shapiro has never tried a case in court [...] and, before his suspension, had limited contact with the Rochester office of Shapiro & Shapiro."[6] "A state Supreme Court jury nailed [Shapiro] with a $1.9 million judgment [in 2002] in a legal-malpractice case [due to mishandling] the case of client Christopher Wagner, who was critically injured in a two-car crash in Livingston County. They also found that Shapiro's advertising, which led Wagner to him, was false and misleading." [3]

The Legal Broadcast Network article New NY Bar Rules Restrict Attorney Advertising from The Buffalo News in Buffalo NY published June 18, 2006 states: "Say goodbye to [...] Jim 'The Hammer' Shapiro [;] 'new rules will help regulate lawyer advertising so that consumers are protected against inappropriate solicitations or potentially misleading ads, as well as overly aggressive marketing,' the state's chief administrative judge, Jonathan Lippman, said as the regulations were released. Eugene F. Pigott Jr., the former Erie County attorney who is presiding justice of the Appellate Division of State Supreme Court in Rochester, said the changes are long overdue. [...] The new rules, based on recommendations by the New York State Bar and a committee appointed by the administrative board of the state courts, will have a 90-day public comment period before their scheduled adoption on Sept. 15."[7]


References

  1. ^ Jim "The Hammer" Shapiro's current website accessed August 1, 2006 "Jim "The Hammer" Shapiro is the founder of three law firms. He graduated from Boston University Law School's Masters Program, is a member of the New York and Florida Bar, and the Plaintiff's Securities Lawyers Group. "The Hammer" had offices in Broward County, Florida, as well as Rochester, Syracuse, and Buffalo, New York."
  2. ^ Official New York Court Decisions site page Decisions in Attorney Disciplinary Matters April 30, 2004 accessed July 30, 2006 "We therefore confirm the findings of fact made by the Referee and conclude that respondent has violated the following Disciplinary Rules of the Code of Professional Responsibility:
    • DR 1-102 (a) (4) (22 NYCRR 1200.3 [a] [4]) - engaging in conduct involving dishonesty, fraud, deceit or misrepresentation;
    • DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7]) - engaging in conduct that adversely reflects on his fitness as a lawyer;
    • DR 2-101 (a) (22 NYCRR 1200.6 [a]) - disseminating a public communication to a prospective client containing statements or claims that are false, deceptive or misleading; and
    • DR 2-103 (a) (2) (iv) (22 NYCRR 1200.8 [a] [2] [iv]) - soliciting professional employment from a prospective client by written communication when he knew or reasonably should have known that the age or the physical, emotional or mental state of the recipient made it unlikely that the recipient would be able to exercise reasonable judgment in retaining an attorney."
  3. ^ a b c OverLawyered.com article ARCHIVE -- JUNE 2002 (II) by Walter Olson accessed July 30, 2006
  4. ^ *Supreme Court of Florida "Respondent is suspended from the practice of law"
  5. ^ Daily Orange article 'S.O.B.' lawyer validates his title published June 14, 2006 and accessed July 30, 2006
  6. ^ a b democratandchronicle published December 20, 2004 and accessed July 30, 2006
  7. ^ a b Legal Broadcast Network article New NY Bar Rules Restrict Attorney Advertising from The Buffalo News in Buffalo NY published June 18, 2006 accessed August 1, 2006
  8. ^ www.acrnet.org Harvard Negotiation Law Review Spring 2003 accessed August 1, 2006
  9. ^ OyezBates v. State Bar of Arizona 433 U.S. 350 (1977) Docket Number: 76-316 Abstract accessed August 1, 2006
  10. ^ law.cornell.edu Rule 7.2 Advertising accessed August 1, 2006
  11. ^ law.cornell.edu Rule 7.1 Communications Concerning a Lawyer's Services accessed August 1, 2006
  12. ^ Legal Ethics Resources on the Web (prepared by Brad Wendel Associate Professor of Law at Cornell University School of Law) accessed August 1, 2006
  13. ^ The Canadian Medical Association Journal Litigation online by Michael OReilly from April 4, 2000 accessed August 1, 2006

Further reading

Shapiro
  • James J. Shapiro’s Answer Brief
  • DAY CALENDAR Friday, September 8, 2006 - 10:00 AM COURTROOM 1 Appeal from an order of the Supreme Court, Monroe County (Robert J. Lunn, J.), entered June 24, 2005. The order, insofar as appealed from, denied the cross motion of defendants James J. Shapiro, James J. Shapiro, P.A., and Marcia G. Shapiro, as fiduciary for the Estate of Sidney S. Shapiro (Shapiro Estate), for summary judgment dismissing the complaint against Shapiro Estate.
Legal advertisement
  • legalethicsforum "After the Supreme Court struck down flat bans on advertising, so that competition on such basics as price and credentials could improve, bar associations have fought a rear-guard action, restricting as much as they can, generally by defining all sorts of things as misleading."
  • Legal Ethics Committee of the San Diego County Bar Association "In spite of the United States Supreme Court decision, hereinafter cited, there are limitations to the type of advertising that an attorney may do, as more fully set forth hereinafter."
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