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Advertising is a business of words, but advertising agencies are infested with men and women who cannot write. They cannot write advertisements, and they cannot write plans. Advertising space is subject to limited availability and will be handed out on a first-come first-served basis. Once all of the available advertising slots are filled, further advertisements are queued (stored off-line) until the next available slot becomes available. Advertisers and site creators need to think smarter by thinking smaller. My thought is to put less money on the table and create more effective advertising partnerships with a smaller group of sites.

Advertising via mobile is already showing great promise with much higher click through rates compared with the internet – typically around 2-3% for mobile and only 0.12-0.18% for internet. Advertising includes commercial messages broadcast on television or radio, communicated over the telephone, or printed in magazines and newspapers. Prescription drug ads must contain information in a “brief summary” relating to both risks and benefits. Additionally, the use of the preferentially priced pharmaceuticals as contemplated by St. John’s Health System in its request letter is for its “own use,” because the treatment of its patients through the Hospital and the Clinic is clearly part of its institutional mission as a provider of integrated health services.

Advertising involves an active quest for clients, contrary to the tradition that a lawyer should not seek clientele. However, the public’s need to know about legal services can be fulfilled in part through advertising. Advertisers will need to tap their creativity to find novel, innovative advertisements for the small screen and new devices and services. In addition, advertisers will have to comply by fairly strict guidelines that aim to protect the consumer’s experience on the mobile phone, the consumer’s most personal device.

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