Court: Lawyers can't be 'pit bulls'
Ads by a firm comparing itself to the tenacious canine demean all lawyers, the state's high court rules.
By LUCY MORGAN
Published November 18, 2005
TALLAHASSEE - Two Fort Lauderdale lawyers who compared themselves to pit bulls with spiked collars in television ads are facing a public reprimand from the Florida Supreme Court.
In a unanimous opinion written by Chief Justice Barbara Pariente, the court concluded that the ads demean all lawyers and harm the legal profession.
John Robert Pape and Marc Andrew Chandler, partners who practice personal injury law, say they used the dog as a symbol because they are known to be "loyal, tenacious and aggressive, and that's how we see our practice."
Ads used by the lawyers included a picture of a pit bull with a spiked collar beside the telephone number 1-800-PIT-BULL.
A referee who heard arguments from the Florida Bar and the lawyers found the ads to be protected free speech and said the ad was "tastefully done" and mentions qualities that a consuming public would want in a trial lawyer.
The Bar appealed, urging the court to overrule the referee's opinion.
"If the Bar allows lawyers to use pit bulls, what might be next: sharks and alligators?" asked Barry Richard, the Tallahassee lawyer that represented the Bar.
The court concluded that the pit bull ad did not assist Floridians in selecting an attorney, but instead uses a sensational image and slogan in violation of restrictions imposed by the Bar on legal advertising.
In addition to receiving a public reprimand, the court ordered the lawyers to attend a Bar seminar on advertising.
Pariente also questioned the character of pit bulls, noting that some may associate them with loyalty but ignore "the darker side of the dog's qualities: malevolence, viciousness and unpredictability."
Even the perception of loyalty might be questioned, the court noted in a footnote, since some owners have been mauled to death by their pit bulls.
"Pit bulls have a reputation for vicious behavior that is borne of experience," Pariente wrote. "Pit bull dogs possess both the capacity for extraordinarily savage behavior and physical capabilities in excess of those possessed by many other breeds of dog."
The court would never condone ads saying a lawyer would get results with combative and vicious tactics that will maim scar or harm the opposing party, Pariente noted.
The "go for the jugular" style of advocacy implied by the ads is "manipulative and misleading," the court determined. If condoned, the judges questioned whether sharks, wolves, crocodiles and piranhas would be next.
Pape said he and Chandler strongly believe the question is a free speech issue and are considering an appeal to the U.S. Supreme Court.
"We've spent hundreds of hours fighting this," Pape said. "I think free speech is too important to ignore."
Pape and Chandler don't own a pit bull, but Pape has a Staffordshire Bull Terrier named Morty.
"He's the nicest dog in the world. He goes to Starbucks with us all the time. He's the mayor of Fort Lauderdale. Everybody loves him."
Lucy Morgan can be reached at morgan@sptimes.com