Advertising and the Commodification of Law(yers)

Abstract

In my work I use semiotic interpretation theory to investigate the relationship between law and market economy. I think that this is important because interpretation theory gives us a new way of exploring and of understanding the relationship between law and markets. It is also important because market choice involves a process of interpretation, and the ability to shape and frame this process in uences substantive outcomes in the allocation of social resources. In this context, advertising involves one prototypical example of semiotics. It is a sign system that produces meanings and values through exchange. Furthermore, the relationship between lawyers, advertising, and the law is interconnected and multi-directional. In this essay, I explore this relationship and argue that the “acceptance” of legal advertising is related to the emergence of the law and economics movement. I do not claim that it is dependent upon the law and economics movement or that the rise of law and economics was the central factor behind advertising for lawyers. I do argue that there is an interesting connection and convergence in the time horizon for both activities and that both activities have worked to further commodify lawyers and the law. Additionally, I suggest that exploring this connection helps us to better understand the meanings and values of advertising and of law. To start with, the primary professional skill of lawyers and public policy makers relates to language and interpretation. We read cases, legislation, contracts, court proceedings, and a variety of other texts. We write memoranda, pleadings, briefs, position papers, contracts, wills, and legislation. We make oral arguments, take depositions, conduct interviews, address the jury, appear before boards, negotiate with one another, and make a variety of persuasive appeals in formal and informal settings. In order to do our work we must be able to interpret the meanings of the texts and arguments we encounter, and we must make sure that our own writings and arguments embody the intended meanings that we hope to express.