An Ethics Lesson from Judge Judy

Popular television judge “Judge Judy” is known for her no-nonsense approach inside her courtroom.  Based on the recent lawsuit she filed against a law firm, it would appear that she maintains that same approach outside the courtroom.  Judith Sheindlin – better known as “Judge Judy” filed a March 12 lawsuit alleging that a fellow Connecticut attorney used her image in advertisements without permission.  The suit provides another reminder of the risks of attorney advertising.

The judge, who filed her suit in the USDC for the District of Connecticut against a popular Connecticut personal injury firm, asserts a slew of state and federal law claims including misappropriation of likeness, misappropriation of the right of publicity, false endorsement, and violations of Connecticut’s Unfair Trade Practices Act.  According to the complaint, the firm aired television advertisements using footage from her show without permission.  The advertisements merged footage from her show along with images of the defendant and are made to look like the judge is interacting with the attorney directly. The advertisements aired frequently in Connecticut and Massachusetts during broadcasts of the show.

The suit claims that the advertisements continued after the show’s producer contacted the firm and demanded that the attorney cease the advertisements.  The lawsuit further claims that “[b]y trading, without consent or authorization, on Sheindlin’s well-known persona, [the firm] irreparably harmed and damaged Sheindlin’s hard-earned professional and artistic reputation, dignity, and prestige.”  The judge seeks over $75,000 in damages.

Judge Judy’s case is more than a popular media topic, it also serves as a reminder of the pitfalls of attorney advertising.  Marketing is a must but ethical limitations must be taken into consideration.  Although bolder advertisements may draw more attention to the professional, it may also draw closer scrutiny.  Attorneys and other professionals should carefully vet advertisements and all marketing material to ensure that they comply with the applicable rules.