It is not just a legal problem.
Adrants had a post commenting on an Association of National Advertisers study which revealed:
a third of marketers think their agencies are suffering from "creative arrogance", charge too much for their work and the work that is produced is off strategy. Seems agencies dirty little secret has been found out. Without bashing all agency creatives, the problem stems from the inability of some in advertising to realize that making an ad is not art. It's a commerce of craft. While agencies do need to stand their ground on creative and strategic direction if they truly believe in it and it's backed up by research but at the same time, they need to realize the client is the one paying the bill and is the one who has the final say. This is not to say agencies should just roll over at the wim of the client but they should realize they are not creating the next Mona Lisa to be hung on the wall or entered into the awards show of the month. An ad has the very important purpose of moving consumers to a distinct mindset or action.
Replace "marketers" with "clients" and "agencies" with "law firms." Sound familiar?