August 22, 2008

Dear Missouri Bar Members,

I am deeply concerned about the proposed amendments to Rule 4-7 from the Special Committee on Lawyer Advertising. 

The Committee states in the preamble that “the intent of the following rules is to benefit the public and to allow lawyers to engage in constitutionally protected commercial speech”

These proposed rule changes do neither. They limit the ability to inform the public and  limit commercial speech.

According to the Television Bureau of Advertising 98% of adults watch some television and a slightly smaller percentage listen to radio during the week. Contrast that with only 3.5% of adults reading the newspaper in the course of a day.

Television and radio are ideal for reaching ordinary citizens who may be less informed about their legal needs, rights and remedies.

According to a lawyers.com survey 58% of Americans do not have a basic will.  An even larger number 69% do not have a living will or medical directive of any kind.  Advertising on television and radio provides the average citizen with information about the legal process. It humanizes the process of seeking legal counsel by providing approachable voices and faces of attorneys.

If these rules are enacted they will discourage lawyers from conducting broadcast advertising.  And in turn cut off a very important line of communication for the average citizen. 

Obviously as a General Manager of a television station I have vested interest in these changes.  They will hurt my business.  It will also hurt the business of 345 other Missouri television and radio stations.  However I would challenge you by saying it will also harm the business of many reputable hard working Missouri Lawyers who rely on this source of marketing for there business. 

To my knowledge no consumer or consumer group has asked for these regulations. 

Let’s be honest with ourselves.  The only beneficiaries of these new restrictions will be those lawyers who feel competitive pressure from their colleagues who have been using broadcast advertising.

I have always heard that competition makes us better.  These restrictive rule changes will hurt your own members and deprive the public of information.

Please do not let this happen.

Sincerely,

Mark Gordon
VP/General Manager
KSFX-TV
Nexstar Broadcasting Grp
Providing services for KOLR-TV
2650 E. Division
Springfield, MO  65803
Phone: 417-862-7474 ext 310
Fax: 417-520-0395
E-mail: mgordon@ozarksfox.com