In this blog, we feature insights from legal marketing expert, Susan Knape, founder and president of A Case for Women, shares five marketing red flags every firm leader should be watching for.

Watch the video above to learn more.

Increased Competition. Higher Stakes. Greater Scrutiny.

Contingency fee law firms operate in an intensely competitive environment—one where the pressure to stand out can lead to questionable marketing decisions. In an era of outsourced media buying, aggressive digital tactics, and rising consumer expectations, trial lawyers can’t afford to ignore what’s being said on their behalf.

When Ethical Boundaries and Brand Reputation Are on the Line

As firms grow and delegate more marketing tasks to outside vendors or junior staff, it’s easy to lose control of the message. But law firm leadership must stay involved—especially when ads carry the weight of the firm’s reputation.

“Ethics is something that one would assume just goes hand in hand with legal marketing right in the legal space,” emphasizes Susan. “So, we obviously should all be doing things ethically. But unfortunately, not everyone is.”

Susan identifies five key marketing red flags that should raise concern for contingency fee law firm leadership. “If you’re running a law firm, even if you’re not directly involved in the marketing or intake,” she explains, “you need to be watching what’s going on.”

Five Critical Marketing Red Flags to Watch For

1. Direct solicitation is a no-no.
   According to Susan, one of the most troubling tactics is direct outreach to potential clients via online, unsolicited communication. “There are actually some folks out there who are buying list and then directly soliciting through email or especially through text and saying you have compensation available, click this link,” notes Susan. “That is a big no-no. Don’t ever go with anybody who does that.”
2. Stay away from misleading advertisements.
   Marketing that touts big verdicts without proper context can be deceptive. “We see a lot of ads out there where they’re touting millions of dollars in a particular case. That is misleading,” says Susan. “You can’t do it. You shouldn’t be talking about money.”
3. Intake should not coach people for the right answers.
   Clear, honest intake is essential to trust and legal ethics. “Your intake team should not be coaching people to the right answers,” says Susan. “They need to be really pure and getting to the truth to decide if someone is qualified or not for a particular case.”
4. Be sure your law firm can be identified on advertisements.
   Transparency isn’t optional—it’s an ethical requirement. The law firm needs to be clearly identified on the advertisements. “Always be sure that your law firm is on the landing page. You should not be hidden. You should be right out there in a transparent way.”
5. Your marketer needs to have the right opt-ins.
   Failing to follow digital communication laws can be a liability. “There is so much around TCPA right now,” Susan warns. “It’s very important to have the correct opt-ins so that you as the law firm, would never be responsible for someone signing up for a client or getting communication from a marketer if they have not opted in to receiving that communication.”

Why Law Firm Leaders Need to Pay Attention

“It is on our mind every single day,” Susan says of her team’s focus on ethical diligence. Law firm founders, partners, and managing attorneys should bring the same level of scrutiny to their marketing—because when something goes wrong, it’s the firm’s name, reputation, and license on the line.

Learn More

To learn more about legal marketing best practices, watch our video “Building Brand Awareness: 6 Keys for Plaintiffs Law Firms” featuring Susan Knape, founder of A Case for Women.