“Exclusive Legal Marketing” Loses Suit For Bidding on Attorney Names in AdWords
Another legal marketing firm found itself in hot ethical water today… “Exclusive Legal Marketing,” headed by Coety Bryant utilized Google AdWords to purchase names of personal injury attorneys to drive prospects to his site www.personalinjurycare.net. Aggressive – and many attorneys bristle at this – especially ads coming from a non-law firms – but not necessarily unethical. Note, there are numerous directories and vendors already capitalizing on lawyer name search via SEO – Yelp, Lawyers.com, and Avvo (I spent a good 3 years of my life studying name search there). Even Google’s Google My Business service is essentially nothing more than name search – especially for practitioner listings.
But herein lies the rub. The two attorneys filing suit, Schiff and Kurgis specifically noted that it was the fact that the marketing company wouldn’t tell the prospective client that they weren’t the lawyer in question. From Biz Journals:
“Schiff or Kurgis alleged that in many cases, those people thought they were speaking with Schiff and Kurgis associates.”
According to Avvo, there aren’t any lawyers named Coety Bryant. I’ll also note that Bryant’s website specifically calls out the opportunity to speak to an attorney.
As do his ads…
I dug a bit deeper and found some of his ads archived. Here’s an example of his ad biding against another personal injury lawyer’s name: Jim Adler in Houston.
Now it seems Bryant was banking some serious money with this approach – bidding on lawyer names, not disclosing who he actually was, and then reselling these leads to other lawyers. A little research shows his budgets exceeding $75K per month back in May of 2017.
My Take on Competitive Name Bidding:
Let me be upfront – Mockingbird raises the competitive name bidding opportunity for all of our clients. It’s aggressive yes, but NOT unethical (nor against Google’s guidelines, as long as the name isn’t in the ad…i.e. Coke can bid on “Pepsi” but can’t pretend the click goes through to a Pepsi site.) Not all of our attorneys are comfortable with this approach. But…if you are fully transparent about who a prospect is speaking with, competitive name bidding is an effective, albeit aggressive tactic. Additionally, you should bid on your own name (as Adler does above) as a cost-effective defensive posture.
HT: Gerry O’Ginsky