Many people will not be shocked by the title of this post. However, a new report issued by an advocacy group for the U.S. Chamber of Commerce was recently released that was entitled, “The Plaintiffs’ Bar Goes Digital, an Analysis of the Digital Marketing Efforts of Plaintiffs’ Attorneys and Litigation Firms.” The report found that marketing efforts were being camouflaged as forums or support group sites. The report estimated that law firms had spent more than $50,000,000 on Google advertising in 2011. The overwhelming majority of that was spent by Plaintiff’s firms. However, despite the fact that the amount of spending does not rank with large corporations, it is disproportionate for the size of the industry. The report is critical of the Plaintiffs’ Bar because of a lack of transparency that many of their sites were actually marketing for law firms.
As social networking, blogs, and other methods of disseminating information grow, they will become an increasingly prominent part of Plaintiff’s attorneys networking and marketing strategies. To a lesser extent, we can expect the same on the defense side. As we expand our internet marketing footprint, we need to be ever vigilant to ensure that our marketing is done truthfully and ethically. Advertisement by legal professionals should be transparent and truthful. Various bar associations will most likely weigh in on specific examples in the near future. We should all make diligent efforts to make sure we are on the right side of whatever precedent is set.