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Dramatic 'Heavy Hitter' ads now considered OK




If you watched the Super Bowl last week, you might have seen this commercial at halftime: A group of kids is playing touch football on a playground. A tough-looking youth knocks down a much smaller boy, giving him a bloody nose. Then a heavy-set kid with an in-your-face attitude comes to the rescue of the injured boy. He demands the bully hand over his shirt, shoes and bicycle to the injured youth.

"But it was an accident!" the bully pleads.


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  • "I don't care. Give him your shoes. What about that? Is that your bike? Well, give him your bike, too," responds the young hero, who then walks with the victim into the distance with the bully's shirt, shoes and bicycle, winners in a playground David and Goliath battle.

    This was a new advertisement for local personal injury lawyer Glen Lerner, known for his "Heavy Hitter" moniker. It might not surprise anyone to learn that the young defender in the commercial is supposed to be a young Lerner.

    Less than a year ago, commercials like this might have raised eyebrows with state officials. Nevada had banned lawyer ads deemed as dramatizations. Commercials that "created suspense" or contained endorsements were also banned.

    But no more.

    The Nevada Supreme Court repealed the rules last year. As of Sept. 1, ads like Lerner's Super Bowl commercial are now allowed to be broadcast. The state Supreme Court cited First Amendment concerns for changing the rules.

    "Taste is something we cannot govern without infringing on First Amendment rights," Justice James Hardesty said at the time. "So restrictions on taste will be eliminated."

    Under the new rules, the State Bar reviews lawyers' ads within 15 days of publication to ensure that there is no false or misleading information in them. If an ad is found to be false or misleading, the attorney must pull it.

    Other states handle advertising by lawyers differently. Florida, for example, restricts "manipulative" lawyer ads and goes so far as to bar attorneys from bragging about "past successes," according to the rules.

    The Florida Supreme Court even upheld a complaint against a personal injury lawyer because his ad featured a pit bull wearing a spiked collar.

    This, the justices said, invoked images of viciousness.

    New York banned the use of terms like "Heavy Hitter" or "Dream Team" in 2006. Its rationale: It didn't want lawyers to imply success.

    "They (New York and Florida) are very aggressive in their advertising regulations," said David Clark, deputy counsel at the Nevada Bar Association. "In my experience, the most aggressive in the country."

    Nevada's change didn't arrive overnight. In December 2004, a 19-member committee made recommendations to the State Bar, which then brought the proposals to the state Supreme Court.

    The committee found misleading statements were one of the most serious concerns in lawyer advertising.

    In general, many in the legal community look down upon lawyers like Lerner who engage in what some consider as hucksterish advertising. But for Lerner, such ads have become a tradition, said Brian Prezgay, owner of On Target Media, the company that creates his ads.

    For at least eight years, Lerner has advertised during the Super Bowl. During the 2002 Super Bowl, for example, Lerner broadcast an ad showing the audience in a stadium chanting "Heavy Hitter! Heavy Hitter!" The camera then pans to Lerner, who stands and waves at everyone.

    On Target Media is well aware of the rules related to advertising and takes pains to ensure that the lawyer commercials are in compliance with the regulations, he said.

    The Lerner ad that ran during this year's game, for example, had a disclaimer at the beginning that stated that the ad is a "dramatization." Regardless, Prezgay doubted anyone would believe the ad showed actual footage of a young Lerner settling a playground dispute. In fact, the children acting in the commercial are from a local Boy Scout troop, he said, adding that Lerner initially objected to the ad because he felt the kid playing him came across as too aggressive.

    He said the company also submitted Lerner's commercial, along with about 20 other ads, to the State Bar on Thursday in keeping with the regulations.

    Lerner previously said that he wouldn't submit his ads to the State Bar for review. He said he didn't want to turn over his ads to his competitors. However, Prezgay said he has always submitted Lerner's ads to the State Bar and Lerner has never told him not to. The State Bar also stated that Lerner has always turned in his commercials into the Bar on time.

    Lerner's office did not return a phone call seeking comment.

    Lerner has been in hot water recently after he missed the first day of a former client's murder trial in January. The State Bar recently received a complaint about Lerner's not showing up to the trial.

    But those issues are separate from the light-hearted advertisements, Prezgay said.

    "It's just a fun little Super Bowl commercial. I think half the people watch the Super Bowl for the commercials," Prezgay said.

    Contact reporter David Kihara at dkihara @reviewjournal.com or (702) 380-1039.

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    Tu Nguyen wrote on August 05, 2008 10:06 AM: What is your phone number? You can reach me at (602)670-3493


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    jOeBlowYoMama wrote on February 11, 2008 09:55 PM: That commercial is funny! f all of you haters out there who don't like that shizzle.


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    Manny wrote on February 11, 2008 07:58 PM: RJ just gave Glen Lerner a free Ad, better than the one he ran during the Super Bowl.


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    Norman P. wrote on February 11, 2008 07:34 PM: It all goes to show that being from Boston does not mean you're smarter than everyone else-you just have a bigger blowhole. How's Pops doing, Glen?


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    douglas wrote on February 11, 2008 05:46 PM: more spin !

    either the reptile told the defendant that he was representing him or he didn't.

    the coolest spin is the "alleged failure" to appear. either the reptile appeared or it didn't... ain't no "alleged" involved.

    what's amusing is that the more the apologist stooge resorts to spin, the more obvious is the deception. it seems that resorting to spin to bolster a position proves the frailty of that position. even the proponent apparently realizes the weakness of its position otherwise why resort to deception ?


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    oldlawdawg wrote on February 11, 2008 04:53 PM: Why does the RJ continually fail to report that the court's own records reveal that Glen Lerner was NOT The attorney of record obligated to try the murder case of Mario Lino?

    THE COURT'S RECORDS ARE ABSOLUTELY CLEAR ON THIS POINT, AND LERNER WAS NEVER "IN HOT WATER" BECAUISE THE JUDGE NEVER ISSUED THE REQUIRED SIGNED, WRITTEN ORDER, AND INSTEAD APPOINTED A PUBLIC DEFENDER BECAUSE LINO'S REAL ATTORNEY OF RECORD WAS INCAPABLE OF TRYING THE CASE -- BUT THAT WAS NOT LERNER'S FAULT, AND JUDGE LEAVIT NEVER HELD HIM TO BE THE ATTORNEY OF RECORD RESPONSIBLE FOR TRYING THE CASE! THE RECORD IS CLEAR THAT JUDGE LEAVITT ACCEPTED THE REPRESENTATIONS OF ATTORNEY ARNOLD THAT HE WAS THE ATTORNEY OF RECORD, AND IT WAS ARNOLD WHOM THE JUDGE CHASTISED, NOT LERNER!

    WHY DOES THE RJ RESIST THE CLEAR FACTS IN ORDER TO SMEAR GLEN LERNER BECAUSE IT DOES NOT LIKE HIS ADS?


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    what ever wrote on February 11, 2008 04:08 PM: who gives a crap!!!!!!!! this is a stupid article!!!!!!!!! the heavy hitter is bald any way!!!!!!!!


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    Sandie wrote on February 11, 2008 01:50 PM: And you critter, are proof!!!


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    Critter wrote on February 11, 2008 01:15 PM: WHO CARES??? I think it is DUMB to decide to do or not do business with a company or a person just because of thier ads. Only half of what you guys are talking about even remotely relates to the discussion at hand: The ad for Glen Learner! Try to stay on course! As far as Glen Learner goes, I think his idea of a "Heavy Hitter" fits just fine. I've never used him or any lawyer for that matter (except in devorce)but I would definately go to the ones first with ads I can remember. As the ad with the kids playing football; it's great! It basically says he has had much experience in setteling disputes. I would trust him not because of his commercial but instead for the work he performs. The commercial simply gets my interest in that particular person or firm. Now, just to butter your popcorn, as far as car salesmen go we all know the risks of dealing with them. The commercial says nothing of the salesman only the cars they have. How many times do you actually go to a dealership and speak with the person on the commercial??? I have never! I always have to deal with the first guy that runs up to me. So you see, commercials are only there to tell you a little about the services performed and not the characteristics of an individual. That is learned after the fact. BTW, no one mentioned that stupid 'Frank' commercial. You know the one where the "Frank" doll is walking around talking to ppl, that is really dumb. But if they had the best deal in town I would check them out.


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    Sandie wrote on February 11, 2008 11:13 AM: The John Barr commercials are annoying in the kind of way that makes you laugh. I was in shock when I saw this commercial during superbowl. Who approves this kind of hate spreading BS???? Lerner should really be ashamed but IN SOME PEOPLE money takes away all the sense they had in the first place. I would never hire him!


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