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`Files: abajournal3.jpg, abajournal4.jpg, abajournal5.jpg, abajournal6.jpg, instituteforlegalreform.jpg,
`instituteforlegalreform1.jpg, instituteforlegalreform2.jpg, veteransbenefitsadmin1.jpg
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`6:10:16 PM 21442020
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`lotpjhwmahajmzndoonflmagaa'nelafldeflegdfiamfisinguidifideo
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`‘CALL US NOW!’
`Overseeing an ad campaign can be a mil—time job that doesn‘t leave much time for Iawyen'ng. So some law firms have
`become, first and foremost, marketers.
`Take Sokolcve Law in Chestnut Htll, Massachusetts, tor example. Attorney Jim SumtOVe founded the firm out Oftt‘le
`ashes of his previous firm, which split up atter accumutating masswe debts.
`ltwas 1982, and Sokolove needed a way to make some money and raise his profile in Boston. He was imrlgueo‘ by
`television. According to a 2009 article in Boston magazine, Sokolove spoke with Bates St O'Steen, the Phoenix firm that
`had brought the original Bates lawsuit, and Jacoby & Meyers in LosAngeles, which had run the first nationally teamed
`legal ad.
`Soknlnve decided to get in on the act and filmed a slowimdtion car crash that he personally staged on a quiet road in
`Weston, Massachusetts. He then put himself on camera (he had wanted to cast Perry Mason star Raymond Burr, but his
`local bar association putthe kibosh on that because of ethicat series) and uttered the words that have become a cliche
`for many of his fellow attorneys: "lryou are injured in an accident call us immediately."
`According to the 2009 story, Sokolove received some pushback for his ad from the legal community {one prominent
`Boston litigator called lawyer advertising “degrading" and criticized Solmlove for lowering himselt). But he also received a
`lot a business. Pretty soon, Sokolove Law had so many phone calls thatthey couldn't handle all the cases. He started to
`send them to other attomeys in exchange ror 10 percent or alt fees. As the story pointed out, Sokolove hadn’ttn’ed a case
`in about three decades
`
`Sokdlove retired in 2013, but his law firm continues to spend big on advertising. AOCOEUirtg to CEO Michael Skotec the
`practice spends about $30 million to $40 mitlion per year on advertising.
`
`.
`
`t
`
`I
`
`525-8000
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`'
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`.
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`
`
`The Kantar Media study ranked the firm flflh
`in terms of projected TV spending in 2315,
`behind AkinMears, Morgan & Morgan,
`Pulaski 8 Middleman and LegalZoom. Elut
`Skoler i5 qutck in point out that less than half
`its total. spending goes to TV. ‘me spending
`is about 45 percent on TV, 45 percent on
`internet and 10 percent on other outlets such
`as social media or print.
`CATCHING CLIENTS
`Skolerjoined the lirm 15 years ago to hetp
`Sokuluve Law go national. "You don't want
`to be in the buggy—whip business," he says.
`“If you look at how the legal marketing
`landscape has (hanged overthe last 14
`years, there’s a ton of money being spent
`chasing customers in a flat market. It‘s all
`about acquisition cost and the etTrciency of
`one‘s marketing dollars.“
`Sokulove Law has an analytics group that
`determines which ads are trimming and how
`many phone calls become clients. “Every
`commercial we run has a unique phone
`number,” Skater says. ‘We want to know
`exactly whatworks and what omn't, so we
`can buyimanage“ to determine what ads are
`getting the best results.
`Conversion rates are everything, Skotler
`says, and the firm is uttimately looking at
`“cost per feegenerating case."
`
`Mom's Barr says he used to be awkward and nervous on camera. “ll
`took something like 1‘5 takes to get it right ” Photograph by Kathy
`Anderson.
`
`“That takes a longtime and a tremendous
`amount of analytics,” Skoter says. “It afio
`forces us to make decisions at every step of
`the process Erased on what the data says.”
`Stfil, Skoler thinks his tirm has it down to a science, SO much so that it has chosen to export its advertising capabilities. In
`2011, the WT” spun Off its WE in-house ad £199!th to create 550 Media.
`“We figured why not do thts wont for everyone?” Skoler says. 'Sokolove is the anchor ctient, but dot} does work for other
`indush'ies in the lead generation and direct marketing business.“
`Annough Skater sears marketing is Sokolove Law’s core business, he objects to the notion that the firm functions as a
`referral service. He says the firm maintains a co—counsel relationship on ail its cases, and that it continues to workwith
`clients and get information from them white the case is ongoing.
`“In the mass tort business, client acquisition is the more critical part,‘ Skoler says. “Litigation is also critically important,
`but that's a different type ofwctk we: a longer time penod. It‘s not like the initiat msh where you're trying to acquire as
`many clients as possible."
`(One firm has transitioned from legal wont to marketing. See 'Horr.r one lawyer makes millions providing ads for other
`firms' on ABMoumaloom.)
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`6:11:20 PM 2142020
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`hup:lem.ahajmmré.wndmagafinelsficteflegd_admfisfirg_vhs_video
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`
`
`'11-IE LAW HAWK’
`On the one hand, it might be hard to tell where Fort Worth, Texas, criminal defense lawyer Bryan E. Wilson ends and his
`alter ego, the Texas Law Hawk, begins.
`Wilson plays the role with confidence, yelfing out his name and monikerwith relish as he tides his motorcycle while
`sunounded by enough U.S. flags to make Evel Knievel blush. His series of viral videos depicts him n'ding into crime
`scenes, where he informs the accused of their rights and stops oyemealous police olTloers from abusing their authority.
`He screams 'Bryan Wilson, the Texas Law Hawk!" and you can hear eagles screeching—a lot.
`“It was my nickname in law school,” Wilson explains. “It was mock trial week, and we were all exhausted. We were trying
`to come up With a team name, and I got fired up when I said 'law hawksl' That’s what people started calling me."
`
`
`
`Bryan lMlson utilizes his alter ego, the Texas Law Hawk, to attract new business. Photograph by Danny Duran.
`
`On the other hand. he always draws a clear distinction between his marketing persona and his professional abilities. At
`the end of each video, he speaks Into the camera in a serious tone and encourages viewers to call him if they‘ve been
`arrested.
`
`When Wilson started his law firm‘ he decided to center has marketing campaign around the nickname Vinthout access to
`a large budget, the called his friends to help him brainstorm and film his admittedly outlandish Videos An ad released last
`June also was his most expensive, with a budget of $4,000 to $5.000. Well, riding a personal watercrafl ofi a ramp
`usually wrll inflate anyone’s budget.
`“I really don‘t rely on conventional advertising.” Wilson says. ‘I have a website. and I do the videos. Other than that. I just
`ask people to share my videos if they mink therre funny." One or his ads has topped more than 1.8 million views on
`YouTube and helped Wilson land a local Super Bowl commercial in which he endorsed Taco Bell in 2016.
`“During my lasttn’al, I brought up my ads donng jury selection for the very first time," he says “I felt like I needed to tel:
`people about them and say. ‘If you‘re going to hold it against me. don’t hold it against my client.‘ “
`The foreman spoke no. Wilson says and said the ads were hilarious The best part for Wilson? The jury acquitted his
`clienton a DWI case.
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`6:11:47 PM 2J-t-t'2020
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`httpjhvvihivabajoumd.comlmagafinela‘ticteflegd_ameltising_vird_video
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`THE WOMAN CARD
`In another unconventional ad campaign, several female lawyers have embraced the slogan “EverArgued with a
`Woman?" as a means to demonstrate their zealousness and efiectiveness as advocates.
`
`“One day, we were brainstorming at the othce and going through various ideas,” says Melissa A. Wilson (unrelated to
`Bryan Wilson), a Bartow, Florida-based divorce lawyer and founder of the Advocate Law Firm. The “argue with a woman”
`theme 'seemed fitting forthe message we were trying to get out there," Wilson says. “It can be taken in more than one
`way. You can take it with a grain of salt and a laugh, but you can also take it seriously and realize that we’re here to fight
`for you."
`Wilson says she hasn't received much negative feedback from the ad campaign, which mainly consisted of billboards
`and social media, and claims it has been a boon for business. However, during a November 2014 episode of @Mdnfght,
`which airs on Comedy Central, several oomedians made fun ofthe ad. "I didn't know women could also be SeXlSt
`towards women," show host Chris Hardwick quipped.
`Mnnwhile, the phrase proved to be successful enough for others to use it in their ad campaigns (unlawfully, Wilson
`claims—she dademarked the phrase and currently is considering her legal options against others who have used it).
`Reardon of the ABA professionalism committee sees these unconventional ads aimed at attracting regular people rather
`than landing sophisticated clients.
`“Many people say these types of ads undermine the integrity of our profession, and I get that," Reardon says. However,
`she says its not really up to her and others in her position to judge ads based on their personal tastes
`“In terms of what is important for taste or dignity for lawyer advertisements, I think we, as a profession, could and
`probably should issue some guidelines: Reardon says. “I'm not so sure that violation of those gurdelines should su meet
`someone to be dlsciplined, however."
`To that end, she thinks the June 2015 proposal (PDF) from the Association ofProfessional ResponSlbility Lawyers to
`simplify and streamline the ABA Model Rules of Professional Conduct as they relate to lawyers who advertise is a good
`starting point.
`The proposal deletes several niles, including provrsiohs that relate to font size and letterheads, while emphasizing that
`the standard for advertisements is that they should not be false or misleading. It received a mixed response at a forum
`during the ABA Midyear Meeting in February. Wiitten comments were accepted through March 1.
`
`ANN-ADS
`Perhaps the most difiicult way to advertise is the route Bill Manet has taken. Maner, managing partner at Manet Giant in
`Seattle, spends almost no money on TV or web ads. He’s put out some ads on local public radio, but he considers that to
`be his donation to the arts. The Maner Blog is one of his primary marketing tools, but lt’s not his main form for
`advertising.
`Instead, Marler has adhered to the philosophy that many in the legal industry have long held: Atrack record of success is
`the best forth of advertising.
`Since 1993, when an E. coli outbreak at Jack in the Box restaurants infected more than TDD customers in four states (the
`outbreak led to 171 hospitalizations and four deaths), news coverage helped Marter establish himself as the foremost
`food-safety lawyer in the country.
`“I just happened to get one ofthe first calls
`and filed one of the first cases,’ Marler
`reralts. “I bemme the face of the lawyers
`representing the victims."
`But it wasn't just dumb luck. Maner stepped
`
`FIEGERLAW - w .... w m w
`
`WW“
`
`knew more about E. coll than anyone.‘ He says lawyers in Seattle weren't really
`
`up and otfered to do most of the work for his
`fellow plaintitfs lawyers. “I learned in college
`that if you offer to do the report for your
`group, they’ll let you do it," he says. "I told
`my oo-counsel that I'll organize everything.
`I’ll handle the discovery and the documents.
`I became the de facto lawyer in America who
`
`ONLY 0" E
`0" “MM "m ”Wm"
`
`advertising then, so the free publicity [mm
`the Jack in the Box cases caused his
`caseload to expand from one client to
`several hundred very quickly. Once those cases wrapped up, anotherone popped up, and Maner realized that he could
`make a practice out of food’safety law.
`Nowadays, Marler says, it‘s common for him to handle the vast mayonty of cases in any given class action lawsuit relating
`to a food—poisoning outbreak. In 2011, for example, Manet handled 51 out of approximately 60 claims that dealt with a
`listen'a outbreak from certain brands of cantaloupes.
`Maner says that about harr his work comes from refenals. “They usually oome from people reading about us in a
`newspaperor magazine, or seeing us on TV,” he says. The blog helps reaffin'ri Marler's credentials while providing
`important information to the public.
`“Look at what he‘s been able to do," says Kevin O'Keefe, CEO and publisher of LexBlog, who helped build and design
`Maner‘s biog. “He's quoted by every paper whenever there‘s an outbrealc and he's the first lawyer to know ifsomeone in
`yourfamily gets sick from a foodbome illness. He's proven you can make a good living without spending a lot on
`advertising.”
`
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`6:12:16 PM 21442020
`
`httpjtwwwabajoumdconfmagmjnela'liclellegd_adieltising_vird_video
`
`LOSING LIMITS
`When it comes to lawyer advertising, Group Matrix CEO Sackett figures he's seen it all. Atter all, he was there ti'om the
`beginning, helping usher in trre 'age of advertising" to a profession that, until Bates, regarded marketing as dishonorable.
`He still see; some remnants 0t that anachronistic attitude. Like all legal advertising, Group Matrix's ads must be cleared
`by the local bar associanon for each pamcular market where they will run. Sackett notes that Bares classified lawyer
`advertising as commercial free speech, and that such speech can be restricted but not censored.
`“I‘ve found that some states have very strict restrictions that were reatlyjust veiled attempts at eliminating or censon'ng
`legal advertising," Sackett says. Among the things he's seen shot down over the years are a talking dog ad—rejected
`because the dog didn‘t identity himself as a nonlawyer~and an ad that takes place in outer space because rtwasn’t
`realistic.
`
`To Sackett, those types of restrictions should become less onerous overtime. But there's a flip side. Sackett says
`lawyers and law firms have started to attack one another directly, using their ads to talk about now much better their
`services are compared to their competitors.
`The Fieger Law Firm, a personal injury practice based in Southfield, Michigan, made waves last Febnrary when it
`released an ad that distinguished the firm’s lead attorney, Geofirey Heger, from his competitors in Detroit, mentioning
`some by name.
`“You mink you know them, or do you?" the ad's narrator asks ominously, as it he were reading an attack ad against a
`political candidate. “Because onty one has 165 separate rnilliondollar settlerrents and verdicts.
`Only one has stood up
`and taken on big business and the government And only one is one of the most famous trial lawyers in America. There is
`only one Geomey Fieger!"
`
`and ridiculous.‘
`
`EiertrguedWithAWn m an.com
`
`Fieger stands behind his ads and says he‘s
`been doing them for years. Pemaps it’s the
`politician in him—he won the 1998
`Democratic nomination for Michigan
`governor but lost 11) the incumbent, John
`Engler.
`"I don't do doying advertisements where |
`just look at the camera and go ‘We do right
`by you,‘ “ Fieger says. "I do what feels right
`to me. lfyou look at 99.9 percent otiawyer
`advertising, it‘s embanassing, dumb, stupid
`
`Fieger says he gets blowback all the time for
`his ads our also ctaims that none of it has
`come from the state bar. "Free speech is tiee speech,” he says. “What are they going to say? ‘Your ads are too good, so
`you can't use them?‘ “
`To Sacketl, these types of ads soon wit! become more common place. He (231s this phenomenon “me Trurnp effect,’
`explaining that, similar to new President Donald J. Trump has lowered the level at public discourse by making crude
`language and personai attacks permissible, lawyers soon will follow suit.
`“At some point, within the next three to five years, we'll see substantially negative advertising about one competitorover
`another," Sackett says. “One law firm will do an ad iike this, and then there will be retaliation because lawyers are trained
`to fight back.“
`Kantar Media’s CMAG agrees with Sacket‘L estimating a 300 percent jump trom 2015 to 2016 in so-called negative ads
`about a lawyers or a law finn's compentors.
`“Bar associations have rules against making comparisons in advertisements," he says. “But if it's factual, then they can‘t
`stop it.“
`Ultimately, Samett thinks that legistatures might have to step in—especialty if bar regulators cannot maintain the dignity
`of the profession.
`“Everyone wants the practice of law to remain dignified,‘ Sackett says. "But the public doesn‘t always respond to
`dignified ads.“
`
`Sidebar: How one lawyer makes millions providing ads th' other firms
`
`This artiste ongrnatly appeared in the/tuft 2m 7 issue ofme ABA Jdumal wrtn this head‘ine.‘ "Ad it Up' 40 years after
`Bates, Iegal' amiemsing blows past :51 billion and goes virar. '-
`
`Previous:
`Legai logjam in immigration
`court grows to more than
`540,000 cases
`
`Next:
`ABA commission had warned of
`immigrationicourt backlog
`
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`6:03:00 PM 2I4f2020
`
`httpsflvmrwjnstituteforlegalreform.c Dmi'u plead sfsitesfi IKE ETrta‘LawyerMarketing_2_We b_pdf
`
`US. CHAMBER
`
`Institute for Legal Reform
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`

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`6:01:33 PM 3432020
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`https:iMww.instittrtefurlegdrefurm.con1iu|iuadsfsitesf1MEEI'IidLainryerMa-rketing_2_Web_ptf
`
`Given the trends shown above, it appears
`that the legal marketing apparatus has
`become increasingly sophisti-ted,
`powerful, and visible in the marketplace.
`This reflects an evolving communication
`strategy that includes public relations,
`Internet search, and social media alongside
`this paid advertising. Legal advertisers are
`simultaneously increasing spending in the
`television and digital spaces in order to
`increase penetration.
`
`In terms of the projected $392 million spent
`on legal advertising in 2015, a handful of law
`firms are major players with television ad
`spending in excess of $10 million. Among
`these, Akin Mears tops the list of major
`advertisers in the category with over $25
`million spent. Morgan 81 Morgan and Pulaski
`8: Middleman are close behind with budgets
`of over $24 million. Other firms such as
`Sokolove and Goldwater spend in the range
`of $10—12 million per year lsee Exhibit 4}.
`
`Solace: WWW
`
`
`
`$1-
`
`EnI'I'MSpnII'
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`W4: anlflanIWMwflifimifilm
`WMWWMM mammmmqm
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`6:07:31 PM 243020
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`https:Ihvvrrwjnslitutfl‘orlegdreformconfreseadimidJaiiiiyerad
`
`U.$.CHAMEEFI
`
`Institute for Legal Reform
`
`““199
`
`issues
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`Research
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`Trial Lawyer Marketing: Broadcast, Search and Social Strategies
`
`Home > Hesea rch > Trial Lawyer Marketing: Broadcast, Search and Social Strategies
`
`flue-“kl-“—
`
`October 2?. 2015
`
` Legal advertising and marketing communications are a mutti—prong highly
`
`sophisticated undertaking by trial lawyers that spans broadcast and digital
`venues This is not a resourcers‘tarved. grassroots enort but very much a
`well-funded and coordinated endeavor. The plaintiiis’ firm marketing
`explored in this report takes advantage ota full set of network, cable.
`syndicated and spot television options and a full range ofdigital tools and
`systems. including lntemet search and social media.
`
`_
`VIEW PDF
`
`This report seeks to address who the major players are in trial lawyer
`messaging, and what their strategies are for reaching potential litigants
`Additionally the report explores the scope. placement, and messaging of
`these strategies, and how they compare to other industries with large
`advertising presences.
`
`While the advertisements range greatly in quality and caliber this class of
`marketing communication benefits from robust collective support behind
`the scenes. This analysis of trial lawyer marketing communications focuses
`on three unique‘ yet intertwined parts:
`- Broadcast advertising, examining both change overtime and general
`patterns of placement and targeting of messages
`Internet search. consrdering both search engine marketing and search
`engine optimization; and
`. Social media: revealing the connections between trial lawyers and
`other actors in the socrat web.
`
`.
`
`The report finds that lawyer spending on televiSion advertising is growing
`
`spending , and online legal key word advertising t3 among the most
`faster than all others , a rate six times fasterthan all othertelevrsmn ad
`expensive in America. In 2015, lawyers are projected to spend $592 million
`on television advertismg alone, 68% more than they spent in 2008. The
`report also finds that 23 of the top 25 Google key words [inking ads to user
`searches are [or personal injury law firms.
`
`5 U M M I T
`n n
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`A U
`n A
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`L U
`F U r v P e
`l N F0 6 u s
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`Register Today
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`

`https:i'Iwww.benefiu.m.gmdreportsldeta’ledictamsim.asp
`g An oflicialwebsle ofthe United States government Here's howyou knuwv
`Talk to the Veterans Crisis Line now >
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`1:42:46 PM 2.72020
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`VA ohm-Ia Benet“: Mllilistmiim I ma Belleflls Mmimi‘m Reports I Dehiletl Gills Duh
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`Veterans Benefits Administration Reports
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`Detailed Claims Data
`
`We want you to know how VBA is performing on behalf of our nation's
`Veterans. their families, and their survivors. Weekly reports from our 56
`regional ofiioes let you see our progras in process'ng Compensation, Pension,
`and Education benefits. You can also download a spreadsheet to see the most
`reoem week's worth of performance data
`Look below to get access to detailed claims data weekly, but here‘s the big
`picture: VBA currently serves neady 5.2 million Veterans and survivors who receive either compensation or pension
`benefits In the past four years atone, VBA has added more than one million Veterans to its compensation rolls, which
`is more than the active duty Army, Navy, Marine Corps, and Coast Guard combined. In fiscal yearZIJt B, VBA
`delvered over $51 billion 'n Veterans' compensation and pension benefits. Learn more about the VBA‘s claims
`inventory
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`Buck and then
`$$::y”:n?$'rd
`wflmuad Report
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`Status Reports
`The reports below contain data covering claims inventory, claims backlog, claims accuracy, and Fully Developed
`Claims We can see that VBA employees are completing more compensation daims than ever before. More than
`three milion claims were processed in the pafi three fiscal years, three times the amount completed 'n 2000. Quality
`is also increas'ng as quality ratings were up 4 percent in the past year, reversing a four-year decline. Here is some
`information about the difierent ways we track our progess'
`
`lnduda rating bundle Iisability compensation and pension claims that have
`Claims Inventory
`been received by VBAthat normally reunite development and a decisim bya
`VBA cta'nls processor.
`Learn More
`
`Claims Backlog
`A subset ofttie VBA cta'rns Inventory, the bactdog number represents rat'ng
`bundle claim that normally requ'Ie a rating decision and have been Deming
`for more than 125 days silce reclipt
`
`Loam More
`
`3 Month IssuesLevel Accuracy
`Measum accuracy ntndividual meiicai Sena contained withil a
`Compensation claim, timed on a three-rnoldh average
`Learn More
`
`Total number of pending claims
`413,032
`
`413,932
`21:20
`
`DATA AS OF 2'1l'2t]
`
`Ramigerelated coins bactdogged
`55,533
`
`Thousands
`
`611,0
`0 M13
`
`DATA AS OF 21'1120
`
`Sumo] Mammy
`
`DATA AS OF 2'1l‘20
`
`12-month issue-semi accuracy
`
`Learn More
`
`wwwebenefitsxagov
`
`DATA AS OF 2'11'20
`
`amount Weed
`6
`
`accuracy
`
`12 Month Issue—Level Accuracy
`Measures accuracy of'ndividual melicat issues contained with'n 3
`Compensation claim, based on a tvIeNemontti average.
`Learn More
`
`3 Month Claim~Based Accuracy
`VBA's national claim-level accuracy rate is determiled by Iiviling the total
`numberot new that are enor—tree tn! the total number of cases reviewed
`from the prior three months.
`
`
`
`