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Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at dhowell@gmail.com.

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at tmighell@swbell.net.

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at marty@schwimmerlegal.com.

Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally, to seek enlightenment. Email Ernest at esvenson@gmail.com.
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December 20, 2005

Martindale Hubbell's Lawyer Rankings

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Posted by Ernest Svenson

The other day I got a 'personal and confidential' letter from Martindale Hubbell.  My name and address appeared at the top, but the letter was addressed "Dear Legal Professional."  It asked me to anonymously assign rankings to 55 attorneys who practice law in New Orleans. I've filled out many of these surveys in the past fifteen years, carefully pondering what rank to assign to each attorney.  This time I quickly scanned over the 3 pages of names, concluded I didn't know enough to make judgments about most of them, then tossed the survey into the garbage.

At one point the lawyer rankings were actually of some use, at least to lawyers (I don't think they were ever of use, or even supposed to be of use, for clients).  Martindale's lawyer biographies have become the equivalent of a publication like "Who's Who in the 70118 Zip Code" that vain people purchase to display on their bookshelf, but which no one actually uses for information-gathering.  Obviously, the Internet has been chiefly responsible for the diminishing utility of Martindale's books.  Most lawyers and law firms have their own websites with detailed biographical information, which can updated on the fly.  Martindale books only come out once a year, and having your biographical information listed there is expensive.

I suppose that Martindale would argue that the anonymous lawyer rankings are unique and have no equivalent on the internet, mostly because of the careful method by which they are compiled.  Perhaps, but then maybe not.  Let's take a look at the choice one has in assigning rankings to lawyers:

A  - From Very High to Preeminent

B  - From High to Very High

C  - From Good to High

Notice anything strange? Anything missing?  The ranking choices are obviously incomplete; yet these are the rankings that have always been used.

Where, for example, is ranking for "Incompetent to Not-So-Great"?   How about some D and F rankings?  They don't exist and never have. The Ethical Standards that are assigned to lawyers by the folks at Martindale are also somewhat incomplete, e.g.:

V  - Very High, and

X  - Does Not Meet Ethical Criteria

Does an 'X' rating mean a lawyer is unethical?  Or does it simply mean that he or she doesn't meet the 'Very High' criteria?  No one really knows, although it is considered bad to not get at 'V' rating.  Seems to me that Martindale might be hedging its ethics ratings to avoid offending lawyers, or at least to avoid getting sued and having its rating system examined in litigation brought by a maligned attorney. Admittedly, I don' t really know why Martindale adopted the system that it still uses.  But it's pretty clear that Martidale's system is now of limited value, certainly for most lawyers. 

If I want to know 'the scoop' on opposing counsel, then I'll (1) check their website/blog (if they have one) and then (2) email a few friends and perhaps lawyers who've opposed them in other cases (which I can easily find from services like PACER).  The only reason I ever used Martindale (back in the dinosaur days when I graduated from law school) was to get information about where the person went to law school, or who they clerked for if they had a judicial clerkship. 

I don't think I ever paid much attention to the lawyer rating, although I do remember thinking that if someone had a C-rating that was not good.  If I remember how the rating system works, you don't even get a rating for the first 5 years after you become a member of the bar.  By then most lawyers seem to qualify for at least a B-rating.  And if you work in a prestigious firm the chances are you will inherit an A-rating just by working there.

In short, the Martindale ratings are of limited value for lawyers, and probably have no value for clients --if they even know about the rankings.  Potential clients are more likely to simply 'google' for information about an attorney than turn to Martindale.  Google-happy clients can't get to Martindale's online information database unless they navigate first to martindale.com and use the search feature there.  Google doesn't crawl the Martindale site, and so no amount of querying in Google will lead to information stored in the Martindale database.

How lame is that?  Who would compile a database of information, put it on the web, but not make it searchable by Google?  I think I've answered that question before.

Comments (3) + TrackBacks (0) | Category: Law Practice Management


COMMENTS

1. Bill Henderson on December 21, 2005 10:21 AM writes...

I agree with Ernie. The only use I see in the Martindale rating system is as a marketing tool for their sales representatives. And because of the cost involved in getting in Martindale, it discriminates against small and solo practitioners. And today with the state bar association web site, you can get the names and addresses of ALL the bar members in a state, whereas Martindale would leave you out. And Martindale is of only limited use in giving a client a name of an attorney in another jurisdiction. In family law, it is much better to ask other lawyers in that jurisdiction to get their recommendations. And since family law is practiced mostly by solo and small firms, they are not in the books anyway.

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2. Kathryn Grossman on June 2, 2006 1:11 PM writes...

I disagree. I am a client and I regualarly refer to Martindale rankings before consulting an attorney for anything. I look at the rankings differently. I see a B- as someone I would not use.

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3. Lisa Pine on September 5, 2006 9:16 PM writes...

I disagree as well. I am a client and have used martindale numerous times in the past---for my own estate planning lawyer, for my parents estate planning lawyer, for a personal injury lawyer for family friends, for a divorce lawyer for a friend---etc. I find it an invaluable resource to distinguish one atty from another. I use the ratings as a way to cull through word of mouth referrals. If a lawyer is not listed there or has a bad/non-existant rating--I just don't use them. Most of the time I have more than one name to check. If the stakes are high, I want to make sure that I am getting the best representation my money will buy. All things being equal--I will use the young BV lawyer or an AV lawyer. As for consumers--I am hearing more and more that people are using Lawyers.com (which is Martidale Hubbell without ratings). Our estate planning lawyer told me that about 25% of his business comes through either lawyers.com or martindale hubbell.

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