How Legal Advertising has Changed Drastically Since 1976

When I was in elementary school, my teacher would often fill small voids of silence during our class time by humming the beginning of a commercial jingle, and then waiting for a chorus of twenty squeaky voices to complete his tune with a phone number or a slogan. In doing this, he had created an army of ten year olds trained to recite the phone numbers of several lawyers in town. Years later, I still find myself amused at the volume of advertisements for legal services that are out there. It has become a game to count the billboards as I travel from Auburn to Birmingham, or to see how many attorneys pop up in my linkedin ads. It is hard to imagine a world where each road trip, morning news hour, or social network is not punctuated with advertisements for legal services; however, before 1976, that was just the case. This stark contrast raises the question--how did we get from virtually no legal advertisements to being exposed to dozens each day? And how has education managed to evolve alongside this rapidly growing practice?

Every social media ad, every billboard, and every ceaseless commercial jingle created for the legal industry shares a common ancestor--a small clipping from the Arizona Republic published by Jon Bates and Van O’Steen in 1976. To today’s observer, this clipping may seem like a harmless attempt to promote an otherwise struggling practice; however, the State Bar of Arizona perceived this to be a gross ethical infringement. The case of Bates v. State Bar of Arizona traveled all the way to the Supreme Court, where the ban on legal advertisements was lifted due to the justices’ conclusion that these advertisements were protected under the First Amendment. This monumental decision ushered in a new era of billboards, newspaper clippings, and radio advertisements, and created a more educated consumer within the legal field.

As technology has evolved, so has legal advertising. In addition to the media used in the 1970’s and 1980’s, when legal advertising was a new and vastly unexplored frontier, firms are employing modern advancements--such as social media, Search Engine Marketing (SEM) and Optimization (SEO), and blogging--in order to educate and attract potential clients. Social media and blogging allow firms to make connections with potential clients by sharing articles, making posts that exhibit the firm’s values and strengths, and establishing a more interactive online presence through the client's’ ability to reach the firm with direct messaging and comments. Search Engine Marketing (SEM) enables firms to cultivate a more consistent presence by strategically placing advertisements for firms in the results for related online searches. This creates visibility for the firm, and reaches several potential clients, similar to how a newspaper clipping or tv commercial would reach clients in the beginning years of legal advertising. Social Media presence and SEM can be maximized and made more effective by Search Engine Optimization (SEO). SEO allows firms to see what works and what can be improved in regards to their online presence. It provides a glimpse into what attracts clients and what will grow visibility and engagement. Firms can use SEO in order to maximize their impact within the vast expanse of the Internet, and reach the most consumers. With the addition of these resources and the advancement of technology, law firms are more equipped than ever to educate and reach potential clients.

The rapid pace at which the technology and tools available to firms and clients may raise the question--can education keep up? Luckily, the answer to that question is yes. The American Bar Association has created a department called the Legal Technology Resource Center (LTRC). This department provides firms with online tools, resources, and tips on how to stay up to date with the latest means of connecting and advertising. The LTRC compiles articles and resources into an online directory for lawyers to reference as they work to build their online presence. Colleges and universities are also equipping future generations of lawyers to stay on pace with advancing technology by incorporating technology, social networking, and concepts of branding into the classroom. With advancements in education that match the pace of evolving technology, present and future lawyers are well-prepared to maximize their impact and create engaging content to attract potential clients.

The past four decades have brought about enormous advancements in the field of legal advertising. As technology continues to evolve and new tools are introduced to the toolbox of legal advertising, firms continue to adapt and succeed from the progression from a complete ban on legal advertisements to millions of potential clients at the click of a button.

This article was written by Lindsey Jinright, one of Reid Law's 2018 summer interns. Lindsey is a senior English major and Anthropology minor at Auburn University. Lindsey may be contacted at lindsey.reidlawalabama@gmail.com

Today's Modern Families Are Changing the Way the Law Works

It wouldn’t be difficult to surmise that the idea of a “typical American family” is an ever-changing concept. Thanks to the Internet, anyone can accurately trace the evolution of the concept of family and compare a certain pinpoint in time to today’s standards. At our country’s founding, a family unit was composed of a husband, wife, and their biological children. The husband was the primary breadwinner, with the wife staying home and doing household chores while raising their children. In today’s society, a family could be composed of two parents of the same sex, multiple adopted children, a single parent family, or two parents with no children. I’d like to say there’s a pretty big difference in comparison, specifically when considering the past 20 years. Interestingly enough, I’d also like to say that there’s an underlying red- thread that ties the evolution of the modern family and current family law. To keep up with the demand of change, more law practices are going to have to be knowledgeable on or practice family law in order to cater to their clients, or risk the possibility of firm abridgment. 

Over the past twenty years, two-parent households have grown smaller and both adults of the house have started working for an income. Since the 70’s, there have been higher rates of divorce, lower rates of marriages, and fewer divorced singles getting remarried. The millennial generation has prioritized differently than their predecessors, opting to delay marriage in order to pursue college and advanced degrees, and prolonging the decision to start families of their own. While it may not be a bad thing, millennials aredoing what they’re known to do best- messing with the way things have been for generations.  Now that we got those facts out of the way, there is a bit of silver lining to all of this. Time Magazine recently reported that the U.S. divorce rate has dropped for the third year in a row, marking the lowest percentage point America has seen in the last 40 years. It will probably be a while before we see a large enough jump to really be confident that the trend is indeed declining (going from 17.6% of 1000 married women in 2014 to 16.9% of 1000 married women in 2015), but hey, every one has to start somewhere. I believe that an increase in the age of younger couples getting married has contributed to the slight decrease in divorces in America. Younger generations entering into the work force now have the ability to earn an income to support an early marriage. Deciding to prolong families in order to first be financially stable has my generation looking towards the future with the best intentions for themselves and their families. 

When you think of family law, you may assume divorces are the overwhelming majority of cases, however in the future, I believe adoption will be the hidden giant. Not only that, since many states have passed regulations allowing the marriage of LGBT couples, the amount of children being adopted has increased. It is estimated that the total number of children living in America with at least one gay parent ranges from 6 to 14 million. An example of how socially progressive our judiciary system has become is in 2014 the U.S. Supreme Court reversed a decision regarding a gay couple’s adoption by the Alabama Supreme Court. In a nutshell, Alabama’s Supreme Court violated the full faith and credit clause by nullifying the legitimacy of a lesbian couple’s adopted children that was verified by the Georgia Supreme Court since Georgia recognizes the marriage of same sex couples. This is just one example of how the United States is reorganizing the court system for the benefit of evolving familiar standard. 

Another reason adoption is becoming popular is because of the amount of marriages occurring between couples of older age. Unfortunately this results in a decreased fertility rate, and gives couples fewer options in having children. Family law is a gateway for couples to achieve a dream that benefits both child and parent. Adoption is a beautiful gift that should not be taken lightly, nor should it be granted without serious consideration. Because of the changing times, adoption will continue to grow in America and become a leading niche in any law practice that truly wishes to benefit its clients. 

Child custody and its enforcement is a segment of family law that has changed tremendously over the years. Up until the 70’s, the tender years doctrine predominated child custody cases. For those not familiar with the tender years doctrine, it basically implied that the child or children being disputed over were better off living with their mother than the father. Now, the best interest of the child standard has replaced it and is determined by family law judges that have been specifically trained on the best interest of a child. Believe it or not, technology has actually been pivotal in child custody situations. Thanks to the Internet, parents and their children can stay connected through a process called “virtual visitation;” a court-approved way for parents to continue to see their kids through Facetime or Skype without the hassle of scheduling difficulties. Even children too young to actually use a phone can benefit from virtual visitation by being allowed to see and hear the other parent when visiting with another. 

In response to the evolving legislations regarding family law, our court systems have risen to the occasion on multiple fronts. However, to be our most efficient, we cannot stop when it comes to the domestic relations of families. A happy family is a healthy family; one that can inspire generations to come. We cannot hinder families because our ideals are anachronistically delayed. I believe that our judicial system is beginning to understand just how vital the American family is. Family law has been around for as long as the social construct of family has, and will continue to be. Though we may not always have the perfect solution for the issues that arise with family law, I believe many are striving daily for the betterment of those individuals most affected by it.  

This article was written by Meg Gambrill, one of Reid Law's 2018 summer interns. Meg is a senior at Auburn University, where she is studying Business Administration. She is interested pursuing corporate, entertainment, and family law. Meg can be contacted at megangambrill.reidlawalabama@gmail.com.

What Scooby-Doo Can Teach Us About Marijuana Legalization

If one has watched “Scooby-Doo, Where Are You?” they might recall a group of youngsters who solved mysteries and fought against evil forces with their big, brown, talking great dane named, Scooby Doo. This show has remained one of the greatest cartoons of all time, but it also became clear that they were all high. Shaggy, one of the main characters and frankly, the entire Mystery Incorporated crew, were stereotypical marijuana users. Only the use of marijuana could explain the uncontrollable desire for food, extreme laziness, shortened attention span and believing a dog could actually engage in conversation. If Mystery Inc. was so highly favored and idolized as heroes of their cartoon world, could the use of marijuana be socially and legally accepted in our reality?

Marijuana is the dried leaves and flowers of the Cannabis sativa or Cannabis indica plant. It contains a drug called Delta-9-Tetrahydrocannabinol, also known as THC (thank goodness for abbreviations). This drug is mainly responsible for the mind altering effects that occur when used. Weed, a common nickname for marijuana, is no longer just inhaled, but comes in many forms such as edibles, extracts, waxes, etc. According to the National Institutes of Health, marijuana usage can affectlearning, memory, coordination, and judgment. In addition, it can also be addictive. 

Marijuana has been one of the most controversial drugs in the history of the United States. The plethora of opinions on policies regarding marijuana has increased significantly in the past ten years and continues to gain salience in the media every day. To be clear, the use of marijuana is just as taxing as using tobacco products or drinking alcohol. Ten people per minute die from tobacco related disease. According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA), almost 88,000 people die every year due to alcohol-related causes. Of all marijuana users, an estimated 9% become addicted and long-term users could have detrimental effects on their overall health.

With that being stated, the once highly criticized and frowned-upon drug is now being used medically and recreationally in the U.S. Although marijuana is federally prohibited, recreational marijuana is legal in nine states and medical marijuana is legal in 29 states. As more states make this drug accessible to their citizens, we should understand the effects legalization of marijuana will have on society relating to DUI and other drug cases. 

One argument is that there is an injustice done to those who choose to use marijuana in substitution of the hard, extremely addictive and risky medications prescribed by doctors to treat physical and mental ailments that have contributed greatly to the opioid crisis. It is unfair for productive citizens to be punished for their personal use of marijuana to treat conditions that may otherwise hinder them from performing basic duties that could improve society. The legalization of marijuana would allow those who choose a less addictive and less risky drug and to ultimately avoid criminalization.  

A contrasting argument is one to be made by motorist. DUI is no joke. Whether under the influence of alcohol or any other drug that is capable of altering your mind and judgment, like marijuana, one shouldn’t be operating a vehicle. According to the Colorado Department of Transportation, marijuana users drive high routinely. But, just as there is a metric system to measure one’s alcohol intoxication, if marijuana is legalized, there should be a system that establishes a basic level of marijuana intoxication. This would help educate the public, set standards and consequences, keep our roadssafe, and decrease the likelihood of reckless conditions.

The most important point to establish is that legalization of marijuana would help keep people’s lives intact. According to the Federal Bureau of Investigation, more people were arrested for marijuana possession than for all crimes the FBI classified as violent in 2016. If charged with a felony relating to marijuana, as for other illegal substances, it can ruin a life. If not for the possessionsone had in their back pocket to treat a rare form of epilepsy, one would still have a stable career, family, etc. Criminal offenses can rip even the best lives to shreds and the legalization of the most common and most popular illicit drug would prevent good people from making a life altering decision.

Although the Mystery Incorporated crew is a group of cartoons and it’s just a theory of mine that they were indeed under the influence of marijuana, it is true that they were capable of solving mysteries and making the world a better place. That could be true for our nation. Just as we have the opportunity to choose whether we smoke, drink, gamble, etc, the legalization of marijuana will allow the people to have the choice to possess and consume marijuana responsibly and still contribute to society greatly. 

This article was written by Sydney Johnson, one of Reid Law's 2018 summer interns. Sydney is a senior at Auburn University where she is majoring in Public Administration and minoring in Business. Sydney can be contacted at sydneyjohnson.reidlawalabama@gmail.com.

Photo courtesy of Flickr user orionpozo

The Evolution of Business Law

Business law has evolved in many different ways over time. Over the last 30 years, new laws have been developed which have changed the way people manage their businesses.

In the 1990’s business ethics drastically improved by making sure the techniques in which employers managed their businesses stayed within the parameters of the law. Many public health lawsuits were made, leading to tobacco and other drug companies’ stable decline in sales. Laws regarding parental leave, employee absences, and holiday pay have progressed as well. Now, spouses of both genders are being allowed to take breaks from work when they have a new born. Employees are also being offered more allowance pensions to prevent sickness leave; this gives workers a higher incentive to return back to work. In Europe, holiday pays have become more prominent. With the European Court of Justice establishing this, holiday pay must include regular salary with overtime pay included. Over the years, the government has helped make managing businesses more simple by incorporating laws that help employers and employees feel comfortable in their work space. 

Fraud has been a problematic issue that has actually increased through new sources of technology over the years. Statistics from the Federal Trade Commission show that in the year of 2016, forty-two percent of complaints made in that year were fraud related and 13 percent of complaints included identity theft. Fraud has steadily gotten worse over the years because with more technology, comes more misuse of power. Americans that have been victimized by fraud have lost employment opportunities, have had to rely on the help of government, had their bills paid by money they borrowed, and more. When one fails to maintain good character and/or integrity, he or she can easily engage in unethical behavior such as committing fraud. It is very important to make sure employees and employers maintain a clean reputation in order for them to conduct their businesses successfully. 

Another element that is extremely important with business law is making sure that the person you are getting into a contract with has a clean reputation. Getting into a business with someone who gossips, complains, or is guilty by association can be harmful for you and your reputation. Having respect for those that have helped you along the way is a great way to leave a good impression on the people you have worked with. People always remember the way they were treated by others, and through word of mouth, the goodness of one’s character can easily spread leading to more clients and business partners for one and his or her business. Getting into a contract with someone who is not a reliable person can prevent the growth of the business. Professionalism is an important quality people entering contracts should have. To coexist with someone else in a business, you must be able to depend on them and be certain their end of the job will be done when needed. When people do not show professionalism with the people they are conducting a business with, it shows they have a lack of respect for the other party which can never lead to the growth of a successful business. 

This article was written by Radhika Patel, one of Reid Law's summer 2018 interns. Radhika is a Junior at UAB where she studies finance. She is interested in topics related to business and family law. Radhika can be contacted at radhikapatel.reidlawalabama@gmail.com.

Are There Viable Solutions to the Opioid Epidemic?

What’s the population of your high school? Maybe 1,000? What if one day over 10 percent of them died? According to the National Institute on Drug Abuse, that is the amount of people that die every day in the United States from overdosing on opioids.

In Alabama, the crisis is much worse. Dr. Kimberly Braxton Lloyd, assistant dean for Health Services at the Auburn University Harrison School of Pharmacy, said, “It’s a national epidemic and sometimes we think, in Alabama, that we’re not part of that party scene and the epidemic that’s occurring throughout the nation, but if you look at the national statistics, Jefferson County has one of the highest statistics in the nation by county.”

Lloyd also said that Auburn is not immune from this crisis. Lloyd said, “To me, it’s a matter of time when you think about Jefferson County and the growing problem that we see in that area and that we’re only an hour and a half away from a nationally prevalent problem.”

Birmingham, the largest city in Alabama, is in the heart of Jefferson County. Chris Reid, an attorney from Birmingham, said that Jefferson County is shifting its view on the opioid crisis. “Sheriff [Mike] Hale and Jefferson County are focusing a lot more on treatment than punishment.”

This is paired with plans on the state and federal level. With the state, Alabama has created a plan that comes from an executive council established by Gov. Kay Ivey. The plan is called the “State of Alabama Opioid Action Plan” and strengthens the prescription drug monitoring program while making opioid addiction treatment options more available.

The prescription drug monitoring program keeps a record of who gets a prescription, when they get it and who gave it to them. It enables pharmacists to see when another pharmacist filled a prescription and allows them to decide whether a prescription should be filled, but it has one major flaw.

Dr. Greg Peden, director of community pharmacy services, said that pharmacists can reject to fill a prescription if they feel uncomfortable doing so, but that the patients “would have the ability to take that prescription as long as it’s legitimate and within date and go down the street to get it filled at another pharmacy.”

The opioid crisis began partly due to the overprescription of opioids by doctors to deal with minor pain and the payments of doctors by pharmaceutical companies to push their products. Currently, there is a class action lawsuit of over 400 cities, counties and Native American groups against pharmaceutical companies for misleading people about the addictiveness of opioids and promoting them.

On the federal level, Reid said “the federal legislation and the funding with it, in my opinion, won’t do anything with opioid deaths.” But, there is still hope and it lies on the community level.

Braxton Lloyd and her team have developed the Auburn University Naloxone Rapid Response Program that trains first responders on how to administer Naloxone, also known as Narcan, to individuals who are overdosing on opioids. People are able to receive a prescription and administer it to someone overdosing, but if you do not have Naloxone and come across someone overdosing, the first thing to do is call 911 and then lay them on their side.

For more information about opioids and their dangers, go to the National Institute on Drug Abuse at drugabuse.gov.

Special thanks to Logan Barrett for researching and writing this article. Logan recently graduated from Auburn University in PR and will be starting graduate school in the fall.

Introduction to the Free Market - How College Students are Making Money as Sugar Babies

     Millions of students all across the country are becoming involved in financial arrangements and relationships with older adults. These sugar daddies/mommas are paying students large amounts of money to accompany them to dinner or other events. Students in need of money for education, living, and other basic necessities are seeking employment on these sites in order to provide for themselves and earn money. Over 2,000,000 students have accounts on a single sugar daddy/momma website, most being undergraduate students. In 2015, the University of Texas was seated as #1 for the amount of sugar babies on the website. Nursing majors are the most common on these sites, followed by business and then psychology. It is free for the sugar babies to sign up; however, sugar daddies/mommas have to pay in order to create an account. This is leading to a lot of students signing up due to a no-cost entry, followed by a lot of money earned. The sites say that members are to form relationships on their own terms, taking the blame off of the companies in times of trouble. This may seem reasonable, but is this really safe? Should students (some being as young as 18 years-old) be showing up to a stranger’s house?

     This involvement says a lot about the current culture. Students are willing to take risks and spend alone time with complete strangers just to make some money. This shows that money is being viewed above all else, including personal emotions and safety. Students are willing to do anything if they are receiving a monetary reward, something extremely concerning in our society. In my opinion, the risk outweighs the reward. It is not worth it to seek relationships with complete strangers to make some extra cash. There are plenty of other opportunities to make money without risking your safety, both physically and emotionally. Students should conduct serious research and talk to family and friends before registering for one of these websites.

Written by Ciara Petronzio, Chief Legal Assistant & Director of Community Relations