A familiar take on the value of advertising attributed to Steuart H. Britt is this: "Doing business without advertising is like winking at a girl in the dark. You know what you are doing, but nobody else does."

Britt, a legendary marketing consultant and fellow of the American Academy of Advertising, has many followers. TNS Media Intelligence recently reported that during the first six months of 2006, total advertising expenditures in the U.S. market were $73 billion, a number that illustrates the enormous importance of advertising to the success of a product, a service, a political campaign, a business or, yes, even a profession.

Contrast that with the fact that although 81 percent of Pennsylvanians responding to a recent PBA survey said their experience in having a lawyer represent them met or exceeded their expectations, a higher percentage -- nearly nine out of 10 -- said that ads promoting frivolous lawsuits should be stopped. In the same survey, 85 percent said the image of lawyers would improve if commercials overemphasizing large financial awards were eliminated.

At almost every one of my "Tour de Pennsylvania" stops around the commonwealth, lawyers have raised concerns about lawyer image and the public perception of the legal profession. And very often the logical question that has followed is, "What's the PBA doing to guard and defend our professional image?" Make no mistake about it, the PBA exists in large part to enhance a lawyer's ability to practice law efficiently, effectively and successfully. As PBA president and one whose livelihood is the law, I believe advertising plays a role in how we accomplish this goal, not only as an organized bar, but as individuals. We must advance the legitimate interest of our profession by ensuring lawyer advertising is conducted in a tasteful and professional manner. Yet we must remain sensitive to the rights of lawyers to market their services and earn a living in an extremely competitive environment.

The PBA Public Relations Task Force Implementation Committee has developed three, 30-second television spots on the theme "You Have Rights. Lawyers Protect Them." The commercials highlight how lawyers help citizens in the areas of adoption, starting a business and dealing with an elderly parent who has Alzheimer's disease. These commercials take a "soft sell" approach, yet they effectively highlight the critical role lawyers play in protecting citizens' rights. If you haven't already done so, take a few minutes to view these video spots on the PBA Web site, www.pabar.org. We're now studying ways to forge partnerships with our local bar associations to get these commercials aired throughout the commonwealth. It's a start, and one that will provide local bar associations with guidelines and tools to enhance the public's confidence and improve the perception of our noble profession.

Separately, the PBA Task Force on Lawyer Advertising, led by co-chairs Tom Cooper and Bob Fiebach, both past PBA presidents, has tackled a number of complex issues surrounding lawyer image and advertising. The task force is focusing on pertinent issues and asking all the right questions, such as: How do we immediately impact the current state of affairs, which unfortunately involves a number of misleading, less-than-tasteful advertisements? What's our approach to using the Internet, blogs and the myriad of electronic options that compete with traditional television, radio and print advertising? And not only should but can the PBA police "good taste," given commercial speech rights, existing rules and the Federal Trade Commission's position that encourages less restrictive approaches to the flow of information?

As you'll note from several articles in this issue, the state Disciplinary Board also has taken steps to improve the public image of lawyers by making the disciplinary process more open and accessible. In doing so, Pennsylvania became the 40th lawyer disciplinary jurisdiction in the nation to allow public access to disciplinary proceedings, a move that earned our system the ranking of "Most Improved" for 2006 from the national consumer group HALT. The system had ranked 51st in HALT's 2005 survey, but jumped to a ranking of 5th best in the country last year.

To my fellow lawyers, I can't stress enough the importance of taking individual action.

Opportunities abound, and my travels around the state reinforce my belief that community outreach -- be it through public service, pro bono work or the simple act of volunteering -- is the most effective way for us lawyers to improve our public image.

The PBA is right there to support you with initiatives such as our annual Celebrate the Constitution, Law Day, Stepping Out and Mock Trial programs, our Operation Safe Surf partnership with the Pennsylvania Office of Attorney General and our recently launched Identity Theft Prevention program. At our November 2006 House of Delegates meeting, I announced the creation of our "Seasoned Lawyer Project," which is designed to tap the talent and expertise of our senior lawyers for pro bono and public education activities. And this year the PBA will partner with our Women in the Profession Commission to sign up lawyers for official PBA teams to run in the Susan G. Komen Breast Cancer Foundation Race for the Cure(R) for breast cancer research.

These are just a few examples of what's on the PBA's ever-growing list of ways lawyers can get involved to make a difference in the image of the profession. It's a difference that won't go unnoticed!

As the late advertising guru William Bernbach said, "Nobody counts the number of ads you run; they just remember the impression you make." Let's get out there and make a lasting impression.

© 2007, The Pennsylvania Lawyer