Defending People

the tao of criminal-defense trial lawyering

Who’s Spending Your Marketing Money?

Yes­ter­day I was asked else­where, “Why do you assume that those who work with lawyers and help them with their mar­ket­ing don’t work within the eth­i­cal require­ments of the legal pro­fes­sion? And it is an unfor­tu­nate assumption.”

Today I had this in my inbox:

A new com­ment on the post #716 “To Blow or Not To Blow? A Lit­tle Texas DWI Law.” is wait­ing for your approval

http://bennettandbennett.com/blog/2008/06/to-blow-or-not–to-blow-a-little-texas-dwi–law.html

Author : vikram (IP: 59.178.144.248 , triband-del-59.178.144.248.bol.net.in)
E-mail : sumit_2588@hotmail.com
URL    : http://tinyurl.com/62nphu
Whois  : http://ws.arin.net/cgi-bin/whois.pl?queryinput=59.178.144.248
Com­ment:
If it is your first offense, you should blow. The money you would have to pay a lawyer to win at trial or get a good plea bar­gain would prob­a­bly be equal to the total fines and costs if you blew and just pled guilty, right?

Approve it: …
Delete it: …
Spam it: …

The URL (I con­verted it to a tinyurl because I have been told that Google doesn’t index tinyurls — I don’t want to help out these mar­keters) was that of [name redacted by spe­cial dis­pen­sa­tion], a Hous­ton criminal-defense lawyer.

This is inter­est­ing com­ment spam because the reader seems to have gone to the trou­ble to actu­ally read the post (usu­ally com­ment spam sug­gests oth­er­wise), and also because the advice that Vikram gives is dia­met­ri­cally opposed not only to the inter­ests of the pub­lic (because it is incor­rect legal advice in a DUI case) but also to the inter­ests of [Name], who is ulti­mately fund­ing Vikram’s spam­ming efforts on his behalf.

I know my read­ers who are enam­ored of the idea of throw­ing money at some­one (we can’t all be good at every­thing) to do their mar­ket­ing for them, as well as those enam­ored of catch­ing all the money that lawyers are will­ing to throw, will protest that not every­one does this, and that who­ever [Name] paid to do his mar­ket­ing is the aberration.

Do you think [Name] was told by who­ever he’s throw­ing money at that Vikram would be comment-spamming? Do you think [Name], if he had been told, would have under­stood what that meant? Is it pos­si­ble that who­ever you are throw­ing your mar­ket­ing money at is — directly or through prox­ies like Vikram — doing sleazy things that you don’t know about or understand?

The ethics of mar­ket­ing are not the ethics of lawyer­ing. Lawyers who pay other peo­ple to make their tac­ti­cal mar­ket­ing deci­sions for them are going to wind up with what they deserve — sur­ro­gates like Vikram who nei­ther under­stand nor care about either legal ethics or the lawyers’ best interests.

 

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

2 Responses to “Who’s Spending Your Marketing Money?”

  1. Robert Guest says:

    Mark,

    I had the same prob­lem. A very promi­nent local DWI firm hired a com­pany for SEO work. It used the same link build­ing spam com­ment­ing scheme. It was easy to spot, the com­ments were merely cut and pasted from my blog post with the firm’s link attached.

    I con­tacted the firm and the attor­ney per­son­ally apol­o­gized. He had no idea what his SEO com­pany was doing.

    Still, my spam email folder is filled with SEO com­pa­nies promis­ing Google Gold if I just let them pro­mote my site.

    I can see the allure for our col­leagues. I can’t count how many times an attor­ney has told me that they spent XXX amount of dol­lars for a web­site and the cus­tomers aren’t pour­ing in. SEO com­pa­nies offer a quick fix for sites with­out rel­e­vant timely content.

    RG

  2. Bfrederick says:

    I had com­ments from Vikram today also, at least 3 that I deleted. One linked to Ira’s web­site and oth­ers linked to web­sites in other states that were a car­bon copy of Ira’s website.

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