hispanic television advertising for doctors by 12play

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									The Importance of
Legal Advertising
  on Television

       Presented by
Edward T. Rincon, Ph.D.
 Rincon & Associates

      March 24, 2004
                 Brief Biography
        Academic                         Key Studies
Doctorate in Psychological        Study of Hispanic Legal
Quantitative Methods, UT          Needs in Dallas County,
Austin                            1995
Research Interests: Ethnic        Latino Poll 2000 for
consumer behavior,                Consortium of Public
                                  Broadcasters
measurement bias, survey
methods, media behavior           Latino Television Study,
                                  2004
Courses Taught: Survey
                                  Health Watch 2002
research methods, Hispanic
                                  Focus Group on Legal
marketing, demography
                                  Advertising

March 24, 2004        Rincon & Associates              2
                       Account Experience
Verizon               Dallas Zoo            Hispanic Magazine     Read-Poland PR
Communications        City of Dallas        WFAA-TV               Dieste & Partners
TGSLC                 State of Texas        Dallas Morning News   Hall-Northway
Texas Instruments     Bank One              Star-Telegram         Advertising
Baylor Health Care    Comerica Bank         El Sol de Texas       Moroch & Associates
System                Circle K Marketing    Conagra Foods         Conill Advertising
Parkland              Ipsos-Reid            Brown-Forman          Berry-Brown
Texas Health          Albertsons            Beverages Worldwide   Advertising
Resources                                   Mission Tortillas     Casanova Pendrill
                      Fiesta Mart
BD Medical                                  Centex Homes          Advertising
                      The Associates
Carrus Financial                            Ipsos-Reid Corp.      Davis Ball &
                      Coca-Cola USA                               Columbato/Ad
American Express                            American Airlines
                      Pizza Hut                                   Americas
Educational Testing                         Medicine Shoppe
Service               Old American                                Siboney USA
                      Insurance Services    Mrs Bairds            Temerlin-McClain
Dr Pepper/Cadbury
                      Wright Brand Foods    The King Group        Hill & Knowlton
General Baptist
Convention of TX      Market Vision         DDB Needham           Advertising
AmeriGroup Corp.      Catholic Diocese      Levinson & Hill       Ornelas & Associates
                      KERA                  Advertising           UT Southwestern
Texas Historical
Commission            Fiesta Texas          National Hispanic
                                            Media Coalition

 March 24, 2004                  Rincon & Associates                        3
Vulnerable groups like Latinos are experiencing a
great demand for legal services.

   Discrimination in employment, housing,
   healthcare
   Predatory practices by financial industry
   Deportation and incarceration due to
   conflicts with immigration law
   Increased fatalities and accidents in high
   risk occupation


March 24, 2004     Rincon & Associates     4
Texas is the second deadliest state for
Mexican workers.
                                       Workplace Deaths of Mexican Immigrants by
                                                   State, 1996-2002
       Problems
   Lack of training,          California                                                     725
   safety equipment              Texas                                        507
                                                           140
   Language barriers             Florida
                                  Illinois            101
   Immigration status           Arizona               95

   Criminal charges             Georgia           80
                                                  69
   against employers      North Carolina
                               Colorado          56
   rarely filed             Washington           53
   Minimal oversight       New Mexico            47

   by OSHA                                   0              200     400             600         800
                                                                  Num ber

                                 Source: Bureau of Labor Statistics, in Dallas Morning New s, 3-14-04.


March 24, 2004          Rincon & Associates                                          5
Dallas-area Latino households experienced many
events for which they needed legal representation

             Divorce                                                               14.9

                DWI                                                            13.9

Injury in car accident                                                                                    19.9

           Job injury                                                                             18.2

Immigration problem                                         9.4

       Product injury        2.0

       Child custody                       5.3

  Job discrimination                                     8.7

           Any crime                 4.3


                         0             5                   10                    15                      20          25
                                                                  Percent

                              Source: Study of Hispanic Legal Needs, Rincon & Associates, 1995.



March 24, 2004                               Rincon & Associates                                                 6
A limited education influences the
information sources used by Latinos

   43% of U.S. Latinos have not graduated
   from high school
   Under-educated adults are less likely to use
   sources of information that require reading
   (newspapers, magazines, Internet)
   Lower literacy tends to increase dependence
   on visual media like television
    Sources: National Survey of Latinos, Pew Hispanic Center, 2002; DFW Latino Trendline, Rincon & Associates, 2004.



March 24, 2004                                   Rincon & Associates                                                   7
Bar association web sites are limited in
their usefulness to Latinos.


      Low Internet access among Latinos
      No Spanish-language interface
      Lawyer referral service does not
      address the quality of lawyers referred




March 24, 2004      Rincon & Associates     8
                                                              Frequent Viewers of Network Television by Nativity

                                                 Netw ork
                                                                      15.1
                                                        CBS
                                                                               24.7
                                                                                                              Foreign-Born
                                                                     12.2
                                                       ABC                                                    Native
                                                                                      32.5
                                                                   10.3
                                                        NBC
     Latinos are                                                            18.6
                                                                                   28.2

                                                        FOX
     frequent                                                       11.0
                                                                                             40.8

                                                        UPN
     viewers of                                                       13.8
                                                                            19.7

                                                        WB
     network                                                                          33.8
                                                                                                              66.9
                                                 UNIVISION
     television                                                                    29.1
                                                                                                    54.5
                                              TELEMUNDO
                                                                               23.2
                                                                                             41.2
                                             TELEFUTURA
                                                                      14.2

                                                              0               25                50               75          100
                                                                               Percent Viewing "Frequently"


                                                                  Percents based on multiple responses

Source: Latino Television Study, Rincon & Associates, 2004.


    March 24, 2004                                       Rincon & Associates                                           9
After doctors, Latinos are more dependent
on television for health-related information.
           Percent
    100
                                              White         Afrn Amn                Latino
            67.6



      75
                   60.7

                          47.5




      50                                      24.8
                                       17.7




      25




                                                                                                            12.7
                                 8.8




                                                                        4.6
                                                      5.7




                                                                              5.5
                                                            4.9




                                                                                        3.7




                                                                                                      4.3
                                                                  3.9




                                                                                              2.9
       0
             Doctors                   TV            Magazines           Family        Newspapers   Clinics



                                  Source: Health Watch, Rincon & Associates, 2002.




March 24, 2004                                       Rincon & Associates                                           10
After personal relations, Latinos rely
primarily on TV to select an attorney
           Percent
      35
                                                                30.9        34.0
      30
      25
      20
      15
                                        10.9
                                                    9.0
      10
                                                                                          6.0
                                                                                                               4.1
       5       2.5
                         1.1                                                                         1.5

       0   Newspapers   Radio           TV          YP         Friend      Family      Lawyer       Other   Don't know

                                      Primary Source of Information

                                Source: Study of Hispanic Legal Needs, Rincon & Associates, 1995.



March 24, 2004                                 Rincon & Associates                                                   11
Surveys of Legal Advertising:
ABA Commission Survey, Iowa-Wisconsin Survey

    Consumers were less hostile to professional advertising
    than lawyers were.
    Both content and production quality mattered in conveying
    dignity
    Three-quarters of the respondents would use the services
    of an attorney who advertised
    Three-quarters of the respondents did not agree that
    advertising would lower the dignity of the profession and
    the public’s image of lawyers

          Source: Submission of the Staff of the Federal Trade Commission to the American Bar Association
                           Commission on Advertising. Washington, D.C., June 24, 1994.


 March 24, 2004                           Rincon & Associates                                        12
Effective advertising should…..

   Stimulate a range of human sensations
   Reach large audiences
   Be presented in the language best understood by
   target consumers
   Build trust in the company, product or service
   Emphasize product benefits
   Motivate the consumer to buy


March 24, 2004      Rincon & Associates       13
Focus Group on Legal Advertising

  Evaluate consumer reactions to legal
  advertising
  Evaluate attitudes towards regulations that
  restrict legal advertising




March 24, 2004    Rincon & Associates     14
Methodology
   Date of group: March 16, 2004
   Moderated by Dr. Edward T. Rincon
   Screening of participants: 18-55 years old;
   less than $50,000 household income; did
   not have very negative views of lawyers;
   not employed by ad agency, research firm,
   or any company in legal industry
   Balanced by race and gender


March 24, 2004    Rincon & Associates     15
Discussion Points
   Key factors in selecting an attorney
   Evaluation of six legal advertisements,
   representing three attorneys with
   testimonials and non-testimonials
   Reaction to regulations that restrict legal
   advertising



March 24, 2004     Rincon & Associates      16
Important Factors in Selecting an Attorney


        Reputation                    Pricing
        Certification                 Recommendations
        Experience                    Availability
        Success rate                  Attitude




March 24, 2004          Rincon & Associates         17
                 Legal Ads Evaluated
No.        Attorney            Title of Ad           Type of Ad

 1     Jim Adler        “Peanuts”                Testimonial

 2     Jim Adler        “Tough, Smart Lawyer”    Non-testimonial

 3     Christian Hill   “Car Wreck”              Testimonial

 4     Christian Hill   “Got You”                Non-testimonial

 5     Brian Loncar     “More Dollars”           Testimonial

 6     Brian Loncar     “Stop Car”               Non-testimonial



March 24, 2004             Rincon & Associates                 18
Ad Dimensions Evaluated
Insensitive        1     2     3     4       5   Sensitive

Low credibility    1     2     3     4       5   High credibility

Non-professional   1     2     3     4       5   Professional

Information not    1     2     3     4       5   Information valuable
valuable
Non-motivating     1     2     3     4       5   Motivating

Disliked it        1     2     3     4       5   Liked it




March 24, 2004         Rincon & Associates                      19
Ad appeal was not dependent upon the
use of testimonials.

                                         Overall Ad Appeal
           Average Rating
       5


       4                                    3.6
                                                       3.4
                               3.2
       3       2.6                                                  2.6
                                                                                2.3

       2


       1
           Adler No.1       Adler No.2   Hill No.3   Hill No.4   Loncar No.5 Loncar No.
               (T)             (NT)           (T)      (NT)          (T)       6 (NT)
                                          Attorney/Type Ad



March 24, 2004                           Rincon & Associates                              20
Participants were able to discern the
strengths and weaknesses of each ad.
                                          Ad Evaluations by Selected Dimensions
       Average Rating
   5
                            Adler No.1 (T)                          Adler No.2 (NT)                            Hill No.3 (T)

                            Hill No.4 (NT)                          Loncar No.5 (T)                            Loncar No.6 (NT)

   4                                    4.0




                                                                          4.0
                                                                       3.8




                                                                                                                                       3.8
                                                                    3.6




                                                                                                   3.6
                                                                                                  3.5
                3.3
                3.3




                                  3.3




                                                                                                         3.2
   3
             3.1




                                               3.1
                                               3.1




                                                                                3.1




                                                                                                                                             3.1
                                              3.0




                                                              2.9




                                                                                            2.8




                                                                                                                                 2.8
                                                                                                               2.7




                                                                                                                                                   2.7
       2.6




                      2.6




                                                                                      2.6




                                                                                                                     2.4

                                                                                                                           2.3
                            2.2




   2
                                                       2.1




                                                                                                                                                         2.0
   1
             Motivating                   Value of              Professional                      Credibility                    Sensitivity
                                        inform ation               im age




March 24, 2004                                               Rincon & Associates                                                                               21
Use of testimonials
   Mixed reactions: one-third favor, one-third oppose,
   one-third indifferent
   Adds credibility to the ad, like a good reference
   Presents a one-sided picture of the legal relationship
   Comment: Banning testimonials may deny
   consumers accurate information in choosing a
   lawyer. Story telling common form of
   communication in Latino and African-American
   cultures


March 24, 2004       Rincon & Associates         22
Use of Actors
 In general, actors were perceived as less believable
 than actual clients
 If actual clients are not used, celebrities or
 recognizable persons can enhance the credibility of
 an advertisement
 Comment: Consumers are accustomed to seeing
 actors in TV programs or commercials whose role is
 to inform, motivate and entertain. Commercials that
 include celebrities are very popular.


March 24, 2004     Rincon & Associates        23
Inclusion of Monetary Awards
   Potentially misleading since actual amount
   received by client was not discussed
   Acceptable if presented in more detail
   Comment: Monetary awards or other
   benchmarks may be important information
   for prospective clients shopping for an
   attorney.


March 24, 2004    Rincon & Associates    24
Vote to Ban Legal Advertising
   Majority of participants opposed a
   regulation to ban legal advertising on
   television
   Majority of participants opposed a
   regulation to ban all advertising by lawyers
   Reasons: Right to advertise, diminished
   awareness by vulnerable groups


March 24, 2004     Rincon & Associates    25
Conclusions
   Consumers have limited resources for
   judging the quality of attorneys
   Consumers want more informative ads to
   assist their decision-making
   Vulnerable groups like Latinos and African-
   Americans are more dependent on television
   and personal relations for legal and health-
   related information

March 24, 2004    Rincon & Associates    26
Conclusions
   The increase in incidents requiring legal
   representation among vulnerable groups
   points to the need to expand, not limit,
   awareness of their legal options
   Paternalistic thinking obscures the fact that
   consumers are able to discern the merits of
   legal advertising when provided the
   opportunity

March 24, 2004     Rincon & Associates     27
Conclusions
   Tombstone ads minimize the elements of
   effective advertising and appear designed to
   discourage consumers from seeking legal
   advice
   Limiting TV advertising for attorneys will
   likely diminish the ability of vulnerable
   groups to seek legal representation


March 24, 2004    Rincon & Associates     28
Letter from Federal Trade Commission
to State of Alabama
“In sum, the Commission staff believes that, while deceptive
and unfair advertising by lawyers should be prohibited,
restrictions on advertising that are specifically tailored to
prevent unfair or deceptive practices provide the optimal
protection for consumers. Consumers benefit from robust
competition among attorneys and from important price and
quality information that advertising can provide. Rules that
unnecessarily restrict that competition or the transmission of
truthful and non-deceptive information are likely to harm
consumers in the state of Alabama.” (p.3)

      Source: Federal Trade Commission, September 30, 2002.

March 24, 2004               Rincon & Associates              29

								
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