Defending People

the tao of criminal-defense trial lawyering

R.W. Lynch Raises Its Ugly Head Again

Last month I got a call from Terry Fifer (or it maybe Terri Fifer or Terry Phifer or Terri Phifer) at R.W. Lynch claim­ing that she was call­ing about “a new case — an injury that I was involved in.”

Since then she has become more truth­ful — “I want to know if you han­dle per­sonal injury cases”, “I will call back” (no doubt), and “regard­ing per­sonal injury net­work” — but, true to Kevin McHenry’s “too dumb to know when some­one is not inter­ested” form, she keeps call­ing.

I called her back this time, sug­gested she google her name, pointed out that things would get worse for her and R.W. Lynch if she kept call­ing, and called her a liar. I wasn’t very nice. But I haven’t got­ten it out of my sys­tem yet.

Let’s work through this ratio­nally, Ms. Fifer (Phifer?):

You’re look­ing for lawyers who need more business.

You’re try­ing to sell them some R.W. Lynch ser­vice that will bring them more business.

To sell the lawyers on R.W. Lynch, you start out by lying, and close by annoying.

Why, if you can’t sell your own (R.W. Lynch’s) ser­vices with­out first lying and then wast­ing your time with cold calls to peo­ple who have no inter­est, would a lawyer pos­si­bly think that you might be able to do any­thing to help him mar­ket his business?

Ms. Fifer, and R.W. Lynch, if you must call a busi­ness to sell your prod­uct, call once. Leave a mes­sage accu­rately describ­ing the prod­uct. Those who are inter­ested will call you back. If you don’t get a call back after truth­fully describ­ing your prod­uct, I’m not interested.

Mar­ket­ing a law prac­tice requires main­te­nance of high eth­i­cal stan­dards. Any lawyer who buys mar­ket­ing ser­vices from some­one (like R.W. Lynch) who tries to get a call­back by lying to him is an idiot who’s going to wind up fac­ing a griev­ance, and rightly so: If I hire some­one who has lied to me to get my busi­ness, I should expect her to lie to my poten­tial clients.

Lying may be con­sid­ered okey-dokey in mar­ket­ing (as it is in polic­ing), but if you can’t get call­backs with­out lying about your prod­uct, then your prod­uct sucks and you should find some­thing else to sell.

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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

24 Responses to “R.W. Lynch Raises Its Ugly Head Again”

  1. Ken says:

    We’ve been get­ting a sud­den rush of emails rather than calls. All from var­i­ous legal ser­vices firms we’ve never used before (and would never use), all unso­licited — and all using the same new tac­tic: a creepy, inap­pro­pri­ately famil­iar tone. “Hi Ken! How is the new year treat­ing you? Can we get together for lunch?” etc.

  2. Windypundit says:

    Some­time sales peo­ple can be pretty crafty. Maybe it’s some sort of qual­i­fy­ing test for prospects: They don’t want to waste their time try­ing to sell their prod­uct to any­body who’s smart enough not to call them back.

  3. InTheKnow says:

    As some­one who once worked for RWLynch, I will be the first to apol­o­gize. RWLynch runs com­mer­cials as “The Injury Helpline”. They take money from sub­scrib­ing Attor­neys who get to call back the peo­ple who call the IHL.
    RWLynch con­tin­u­ously tell their sales peo­ple lie their way past sec­re­taries to get to the Attor­ney. (part of the rea­son I left.) They will con­tinue to call you unless you call back & tell them “Take me off your list”.
    (To which their trained response will be “I’ll take you off my list of Future Millionaires.”)

  4. Jay Willingahm says:

    Does any­one have any idea of a way to get out of the agree­ment with RW Lynch? As I recall their sales­peo­ple said we would get some cases. Noth­ing has come our way of any value to us. Almost all call come from the web­site. Noth­ing from TV. Calls are uni­formly me spend­ing time try­ing to help folks who have usu­ally spo­ken to other attor­neys and been declined. They are almost all far away out­side our “area”.

  5. InTheKnow says:

    Jay,

    What is your con­tact information?

  6. John Lengyel says:

    To the blog­gers who have posted about RW Lynch and the sales tac­tics of a sin­gle sales per­son or small group of the larger body I say dont judge the com­pany and all its peo­ple based on the bad expe­ri­ence of one or a fewof the des­per­ate and uneth­i­cal. As the Sr Acct Exec for RW Lynch I have new clients for­warded to me from two sales offices every week and most if not all enter the pro­gram the right way and with real­is­tic expec­ta­tions. Our web site and our adver­tis­ing agree­ments are very plain and clear as to how we oper­ate. RWL has been around for 25 years with the Injury Helpline pro­gram and some of our old­est clients have been with us for the entire 25 years. I per­son­ally iner­act with our active clients daily and work with them as an adver­tis­ing and mar­ket­ing part­ner in their legal prac­tice. I am the last per­son on the earth to con­done such neg­a­tive sales tac­tics and I truly believe our pro­gram is wor­thy of a bet­ter sales pre­sen­ta­tion and bet­ter rep­re­sen­ta­tives. Sadly we very rarely hear from the prospect attor­neys, except for those who do join up, that our sales peo­ple are in con­tact with to help improve our rank and file. Blog­ging may get the word out about one or two unuique neg­a­tive expe­ri­ences (10 happy peo­ple tell ? and 1 unhappy per­son will share with the world) but why not just pick up the phone and call Lynch, maybe email the Pres­i­dent of the com­pany and make things bet­ter for us all. My per­sonal apolo­gies to any­one who has had to deal with any puffery involv­ing our ser­vices and rep­re­sen­ta­tives. I will be shar­ing what I have found here with the Lynch fam­ily who will undoubtably take immea­di­ate cor­rec­tive action. Thank you.

    • Mark Bennett says:

      John,

      How do you respond to the for­mer employee who says, “RWLynch con­tin­u­ously tell their sales peo­ple lie their way past sec­re­taries to get to the Attorney.”

      When the only two RW Lynch sales­peo­ple who try to reach me use iden­ti­cal decep­tive (and des­per­ate) tac­tics, that state­ment has the ring of truth.

    • InTheKnow says:

      You can’t ask peo­ple not to base their expe­ri­ence off of those who are doing what they are doing (“being des­per­ate & uneth­i­cal”), espe­cially since they have BEEN TRAINED by your Sales Man­agers and Gen­eral Sales Man­agers to do these things.

      Sales peo­ple are trained to tell all the “pos­i­tive” or “suc­cess” Attor­neys using your ser­vice have had. But what about the hun­dreds of Attor­neys who have left your pro­gram? As the Account Exec­u­tive you see first hand the Attor­neys who are “upset” and want out of your pro­gram. Yet you failed to men­tion them here.

      Since the Mar­ket Man­agers are trained to “hype” / “exager­ate” your pro­gram and get the Attor­neys “Excited about all these great cases they can get”, no won­der they want out of your ser­vices when these it fails to deliver.

      To make mat­ters worse, you throw in 2 or 3 year auto­matic renewals into your “Plain & Clear” con­tract that is if I remem­ber cor­rectly 13 pages long. I don’t see how any­thing is plain and clear yet takes so long to “spell out”.

      How is that employee turnover rate com­ing along? Why are sales peo­ple no longer allowed con­tact with Attor­neys they bring in after 90 days?
      (Retor­i­cal ques­tions) I can answer them myself.
      1. Turnover rate is still extremely high. Prob­a­bly a new train­ing class every other week, if not sooner.
      2. Because it is demor­al­iz­ing to hear from Attor­neys you hyped up that the prod­uct is crap.

      Lynch only cares about how much $$$ sales peo­ple keep com­ing in. Pres­i­dent Lynch has a “what have you done for me lately” men­tal­ity. “Doesn’t mat­ter what you did for me last month, what’s com­ing in today?”

      NO Loy­alty, No Respect. Just, “Show me the Money!”

    • Rosanne Kruschke says:

      We also get calls from RW Lynch and they lie every sin­gle time they call. First they usu­ally act like they are an injured party and their sec­ond line of BS is that their attor­ney retired and they are look­ing for a new per­sonal injury attor­ney to replace them.

  7. Michael says:

    Recently, I’ve been get­ting spam from both An Attor­ney For You and MiNeeds. I don’t sub­scribe to either one, but they both want me as a cus­tomer so they send me actual requests for attor­neys. The last three have all said “I need an attor­ney. I have a lim­ited income so I can’t afford to pay very much.” Why I’m sup­posed to pay for leads that can’t pay me is a mystery.

  8. John Lengyel says:

    Hello Mark and Mr In the Know,
    First and for­most, the last per­son I would believe is some dis­grun­tled and unem­ployed PAST EMPLOYEE of this or any other com­pany. And yes, some­times the fish sticks from the head down due to poor train­ing or man­age­ment but just like any other estab­lished and rep­utable com­pany we catch on and make changes. I for one teach the sales folks to make a good first impres­sion with the recep­tion­ist or assis­tants and make sure that they know we are who we are. Often times the gate­keep­ers at the front desks are rude and uncar­ing and if it were not for get­ting past them to the attor­ney, the desci­sion maker, then we would never have many of the clients and positve rela­tion­ships we have today. Being cre­ative, upbeat and shar­ing suc­cess sto­ries in not unethical.…it’s sell­ing the ser­vice. Most recently a good num­ber of changes have occured in the man­age­ment at the com­pany based on feed­back from the sales peo­ple, some of our prospects and our loyal clients. We have also revised the ser­vice agree­ment which for most of the new year is only 5 pages (I guess in the know doesnt really know much)
    As the Sr Acct Exec I have had the plea­sure of a 75–85 % reten­tion rate for my 7 years here at Lynch (doesnt sound like a lot of turn over and pissed off clients to me). I have worked in sales, sales man­age­ment and sales train­ing for years and in any sales indus­try you will find the puffers and BS artists who in time will be shown the door ( the turn over rate is very high in car lots to elec­tron­ics retail.…why would adver­tis­ing be any dif­fer­ent?). I would expect a pro­fes­sional, such as an edu­cated attor­ney, to do his due dil­li­gence on any­one propos­ing a ser­vice such as this or any sim­i­lar costly busi­ness ven­ture. The sim­ple fact remains that Lynch is now in its 25th year and going strong (poor busi­ness practices.…I think not) in one of the most aggres­sive adver­tis­ing envi­ro­ments any­where. Lynch built their rep on TV adv and are now the biggest group on the inter­net as well. Sure, per­for­mance varies based on each mar­ket and on each attor­ney we work with but in PA Work Comp is a win­ner and in TX its a looser. Some PI guys han­dle med mal and oth­ers turn it away at the door. I do know that we do exectly what we say we will do and have been doing for 25 years…collective dol­lar group adver­tis­ing of the INJURY HELPLINE. For every one upset attor­ney MR In the Know refers to I have 20 that will sing our praises. With odds like that I would say Lynch is as sure of a bet as it gets in this game. I for one will be here for another 20 years!!!!!!

    • InTheKnow says:

      John,

      First of all, I am hap­pily and gain­fully employed. The only rea­son I would have for being “dis­grun­tled” would be the mil­lions of dol­lars I gen­er­ated for RWLynch and the “minus­cule” com­pen­sa­tion I received for my “ser­vices”. Or the thou­sands of dol­lars I lost in “tails” when I left. (I highly doubt you would like me to divulge your com­pany pay scale, bonuses or com­pen­sa­tion plans.)

      I love how you jus­ti­fied lying to get past “gate­keep­ers and sec­re­taries” by say­ing, “if it were not for get­ting past them, then we would never have many of the clients we have today.” (So if it were not for lying to get past sec­re­taries, you wouldn’t have clients… Sounds uneth­i­cal to me.)

      “In the know” was in the know when it came to your ser­vice agree­ment. At the time of employ­ment, your ser­vice agree­ment was 13 pages. (You even admit to recently revis­ing it. So don’t take petty shots at me John.)

      As for your reten­tion rate, I do not believe you. I was fed those same num­bers when I was employed there. Yet 14 of the 17 clients I per­son­ally brought on with your com­pany ARE NO LONGER with your com­pany. (Most of them were “multi-territory” sub­scribers as well.) And ter­ri­to­ries became avail­able all the time. I was per­son­ally respon­si­ble to “freez­ing” 2 or 3 mar­kets which are no longer frozen.

      True, turnover rates are high at car lots, elec­tron­ics, etc. How­ever, this is because not every­one can be decep­tive and “shady” like most of those who make suc­cess­ful liv­ings in those indus­tries are.

      First and fore­most, Lynch needs to bet­ter eval­u­ate the peo­ple they let “sell their pro­gram”. A warm body should not be the only require­ment for employ­ment. I remem­ber sev­eral Mar­ket Man­agers who looked like they were prob­a­bly sleep­ing behind the office, smelled of alco­hol or mar­i­juana con­stantly. Knowl­edge of Mar­ket­ing and Adver­tis­ing, Inter­net trends, etc. would be in your best inter­est. Proabably drug test­ing as well. Not just a week long train­ing class that teaches how to “get past gate­keep­ers” and “puffery” of the suc­cess your cur­rent clients are having.

      Granted, Per­sonal Injury is a quag­mire of a prac­tice. You can tell the same facts to 10 dif­fer­ent Attor­neys and get prob­a­bly 7 dif­fer­ent answers. And yes, Per­sonal Injury varies by state with some things being more lucra­tive than oth­ers. (i.e. dog bites, slip falls, Med-Mal, Work­ers Comp.)

      The prob­lem with your adver­tis­ing is you present your­selves as Attor­neys in your TV ads and your Inter­net cam­paigns. Your ads also state “Talk to a Lawyer about your case for Free”. How­ever, no PI Attor­ney out there does their work “pro-bono”. The sales tac­tics are decep­tive and puffery.

      Glad to know that Lynch has been around for 25 years. And those 25 years of Attor­neys pay­ing Lynch to run adver­tis­ing on their behalf has gen­er­ated a Race Car Team, pri­vate plane, a Vine­yard, huge homes, fancy cars and count­less vaca­tions for the Lynch family.

      Best of luck stay­ing with that com­pany. The AZ office only has 3 sales employ­ees who have been there over 2 years and the cor­po­rate approx­i­mately the same. I would say the Account exec­u­tives were sales peo­ple to but they are even worse than the sales man­agers. (I was screwed out of 3 up sales by my account exec­u­tive, Lisa who is no longer there, by my 3 clients who actu­ally had suc­cess with your services.)

      My opin­ion for Attor­neys, Stay away from group adver­tis­ing. Do the adver­tis­ing for your­self or join a well mar­keted direc­tory that will get the clients to con­tact you directly ver­sus mak­ing peo­ple go through a third party service.

      • Mark Bennett says:

        The Texas Dis­ci­pli­nary Rules gov­ern­ing lawyer adver­tis­ing do not stop apply­ing when some­one else is doing the adver­tis­ing for you. A lawyer who pays R.W. Lynch for adver­tis­ing that does not com­ply with the DRs is liable for any vio­la­tions of the rules that R.W. Lynch might commit.

        And I think it’s about time to close this thread.

    • Mark Bennett says:

      78–85% would be lousy reten­tion rate for some­one hon­estly sell­ing a product.

      (the turn over rate is very high in car lots to elec­tron­ics retail….why would adver­tis­ing be any different?)

      Yep, that you would ask that ques­tion is why eth­i­cal lawyers should run away from yours and any other mar­ket­ing scheme: lawyer adver­tis­ing must be different.

      When a lawyer hires a com­pany to do mar­ket­ing or adver­tis­ing for him, he’s putting his good name in that company’s hands. If that com­pany trains its sales­peo­ple to lie to get past the gate­keep­ers or even (giv­ing you the ben­e­fit of the doubt, though I don’t for an instant believe it) sim­ply hires sales­peo­ple who hap­pen to do so, it’s the wrong com­pany for the job.

    • Mark Bennett says:

      (The lies never stop. Within nine­teen months, Lengyel had left RW Lynch.)

  9. ShortFatBaldGuy says:

    All I want to say is that I was fired for speak­ing with gate­keep­ers. Hav­ing come from an exec­u­tive level inside sales back­ground deal­ing with C and V level execs at For­tune 100 –1000 com­pa­nies, I was told I was hired because I knew how to get through to the deci­sion mak­ers. What they didn’t hear is that to get through to the deci­sion maker, you MUST deal the gate keeper hon­estly and pro­fes­sion­ally — NOT got around him/her.

  10. Charlie says:

    Just got a call today from a rep at RW Lynch, Phillip Tuck­willer — he was hor­ri­bly rude, then told me if our firm was lucky, he might con­sider part­ner­ing with us! Yeesh! No thanks, buddy ~

  11. Joel Pores says:

    I just received a cold call from Mary Mudge from RW Lynch regard­ing per­sonal injury. The mes­sage said noth­ing about a refer­ral pro­gram and it sounded like it could be a new client.

    I became sus­pi­cious at the use of her name “from RW Lynch regard­ing per­sonal injury” , as this is an area of the law that I have done very lit­tle of for the last fif­teen years.

    I now han­dle Legal Ethics, Attor­ney Fee Dis­putes, Dis­pute Res­o­lu­tion and Legal Mal­prac­tice almost exclusively.

    For all of you Cal­i­for­nia attor­neys, beware of join­ing any unreg­u­lated and unap­proved attor­ney refer­ral pro­grams whcih must be reg­is­tered with the State Bar pur­suant to Busi­ness and Pro­fes­sions Code sec­tion 6155 for you to accept a refer­ral from them.
    I have no idea if RW Lynch is so registered.

    It may have been attempt­ing a “joint adver­tis­ing” pro­gram but I do not par­tic­i­pate in those cam­paigns as a gen­eral rules, as there seems to be a middle-man involved in almost every case. The rea­son I shy away is that a joint adver­tis­ing pro­gram is legal only if there is no per­son other than the lawyers who are par­tic­i­pat­ing mak­ing a refer­ral to you, as con­di­tioned by Busi­ness and Pro­fes­sions Code sec­tion 6155 (h)(1) and (2).

    Lawyers join­ing in such an endeavor must also be care­ful in regard to poten­tial soli­ci­ata­tion in vio­la­tion of Busi­ness and Pro­fes­sions Code sec­tion 6151 and 6152.

    I just got another solic­i­ta­tion call, this time from Legal Busi­ness Solu­tions Steven Gib­son. Any feed­back on this com­pany would be appreciated.

    If you have any ques­tions call me. (949) 609 0300

  12. lawrence strauss says:

    I appre­ci­ate your insights on RW. Do you have any expe­ri­ence or infor­ma­tion on “The Lawyers Group” ?

  13. Steve Ball says:

    Another attor­ney here got a call Fri­day after I had left I guess. He emails me their name and infor­ma­tion and said they’d call back Mon­day morn­ing. Tells me it’s a new client and it sounds like a large PI case, which is great news on Mon­day am for a new solo attor­ney. So when I get their call this morn­ing from the per­son with that name and at the right time and it’s a sales call I was really con­fused. I hon­estly assumed the attor­ney who took the first call (very old guy, good lawyer though) can’t even han­dle calls/messages any­more. Glad I read this. Won’t be tak­ing their “ori­en­ta­tion call” tomor­row or ever now.

    Don’t care what the prod­uct is or does, lying to get me on the phone ends the deal before it starts. Like some­one else said, I am a grown man run­ning an office. I always accept sales calls. If I need your ser­vice or prod­uct I’ll let you know, if not I’ll let you know that too so nei­ther wastes time. The lying is ter­ri­ble practice.

  14. Kevin Lane says:

    You may see some unusual spellings in my post. I do not need the headache of get­ting caught up in a Google alert for this com­pany name(s) or articles.

    A Google search for: “Th3 1njury H3lplin3” scam, cur­rently returns 37,000 hits, almost exclu­sively from RW&L’s prop­a­ga­tion of their own blog arti­cles such as: S3O $cams 0n th3 Ris3 – H0w t0 Pr0tect y0ur F1rm, as well as arti­cle tags of Seo scams. I must say(you do I hope know this is done tongue-in-cheek); well-done R.W. Lynch! I can’t of course state that this was their intent, but doing so has no doubt increased the dif­fi­culty of the aver­age search­ing find­ing any low hang­ing fruit.

    They don’t do as suc­cess­ful a job with their com­pany name in quotes along with the word scam, but then the aver­age per­son may not know the company’s actual name.

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