January 4th, 2010

Are FindLaw’s "Blogs" Tainting Its Clients, Commentators and the Profession of Law?

J’accuse.

In looking at FindLaw’s new gaggle of so-called “blogs” that are little more than crappy search engine fodder and client solicitations, I struggled to find the right word to describe them. The ramifications of these crap-blogs are important, because FindLaw is now tainting their clients, diminishing the stature of their vaunted professor-commentators, and lowering the level of discourse in the legal profession as a whole. And because this is likely to be a source of discussion going forward, it also means these so-called “blogs” need an appropriate name.

Just as the two-week holiday started, I noted that FindLaw ripped-off the name of my blog, recently creating their own New York Personal Injury Law Blog. (Link coded as “nofollow” to avoid giving Google juice). But the problem, as noted by others, isn’t just that they ripped off my name, but that they did so with unadulterated dreck. That was one of many new, similar sites that they created.

To be clear, dreck-bloggers aren’t interested in creating good content, they simply regurgitate local accident or arrest stories and place a call-to-action link at the bottom. Posts are filled with buzzwords to game Google that, if coupled with the call-to-action for a recent event, places them firmly in the camp of Solicitation 2.0, a subject I dealt with two years ago. Put bluntly, many of these dung-blogs are electronically soliciting clients. E-chasing, for lack of a better word.

In this posting, for example, FindLaw re-writes the story of a local accident that killed four and injured two, and in just the third sentence its author spits out:

If speed was the factor that caused this collision, then the families of the victims (and the surviving victims themselves) could hire a New York injury attorney to sue the person responsible.

The author made sure to name each of the deceased, provided two separate links back to the list of lawyers that pay FindLaw, and included a call-to-action. (If you have suffered a personal injury…blah, blah, blah.) There is, of course, no natural audience for such a “blog.” The postings do not allow for comments, nor is there any attempt at creativity or analysis.

An example of how FindLaw prostitutes itself to the alter of Google — FindLaw’s prior reputation and quality writing in its Writ commentary be damned — is in the “about” section. They place 97 words in two sentences of which a remarkable 37 are keywords, to come up with this contorted piece of SEO “writing”:

The New York Personal Injury Law Blog covers news and developments in the area of personal injury and tort law in New York state, and New York City specifically, and helps to connect people with New York injury lawyers. The New York Personal Injury Law Blog is intended to serve as a resource for people working through a personal injury issue in New York, or those who are interested in New York personal injury and tort law generally, including New York personal injury attorneys who wish to keep up with the latest news developments.

[Note: I wrote about the problem of keyword clutter previously in I Hate My Website.]

As Scott Greenfield puts it at FindLaw Plays Dirty (where he warns others of FindLaw stealing their well-known blog names):

These aren’t blogs, of course, in the sense that we understand them. There are mere names designed to trade in on search engine keywords, and capitalize on Findlaw’s SEO ability to get their scam blogs higher than yours on the search engine’s first page.

And as Sheryl Sisk puts it in Findlaw vs. NY Personal Injury Law Blog: The Opening Salvo:

Let’s be clear. This isn’t a case of innocently or mistakenly adopting a geocentric keyword-rich blog name. Findlaw’s not staffed by idiots. They knew what they were doing.

What are the consequences of FindLaw‘s folly in creating such sites? 1) it demeans the lawyers that paid them for listings, who are now associated with the scat-blog; 2) it diminishes the work of the professor-commentators at Writ that they currently use; and 3) it brings down the legal profession as a whole by legitimizing such conduct. Let’s take these one at a time:

First, it demeans the people that hired this once-prominent company to market for them. Marc Randazza, on seeing Findlaw’s mierda-blogs, wrote in Findlaw, are you really that douchetastic?:

They hired a milquetoast writer to author a milquetoast blawg for the sole purpose of selling ad space to sh*tty lawyers who can’t develop a reputation on their own.

Ouch. Now I happen to personally know some of those lawyers on the FindLaw list, and know that they are fine lawyers. I’m sure they had no idea that FindLaw would associate garbage with their names when they hired the company as their agents.

But you know what? Others don’t know that. And by creating a turd-blog and associating it with those lawyers, potential clients will come to the exact same conclusion as Randazza. And they will believe that those otherwise reputable lawyers agreed to be part of this ugliness.

And Randazza has more (he always does):

Here’s a rule of thumb… if a blog post ends with “for more information, contact the lawyers at Douchestein and Dickwadbaum,” then it is an advertisement, but, it isn’t advertising the lawyer’s services. It is advertising that lawyer’s stupidity, desperateness, and cluelessness. I would advise any potential client who sees a “blog” that ends its posts that way to turn around, run away, fast as you can, and do not look over your shoulder.

To the lawyers that paid money to FindLaw: You’ve just been sucker-punched. You outsourced your marketing to FindLaw and this is what they created for people to find you. Worse still, some of FindLaw‘s posts may qualify as electronic ambulance chasing. We’re talking serious ethical issues here with e-chasing, and I wonder who the lucky lawyer will be that becomes the test case. When you outsource your marketing you outsource your ethics.

Second in line to get clobbered are the professor-commentators on its roster, such as Anthony Sebok, Marci Hamilton, Michael Dorf, Carl Tobias, Sherry Colb, Joanna Grossman, Neil Buchanan, and Julie Hilden, to name a few.

All of their work on FindLaw‘s Writ has now been instantly devalued and diminished by being associated with the BS-blogs that FindLaw created. Once upon a time it was a feather in the cap to be published by West’s FindLaw. Not any more. Do they care?

The professor-commentators now stand side-by-side with Emily Grube — the author who appears at several of the sites despite the fact they vary both by practice area and jurisdiction– whose bio says she is a “writing specialist” with “experience correcting papers created by freshmen to graduate students.”

Perhaps it’s understandable that FindLaw couldn’t hire more lawyers to write about the law, given this tight job market with firms now at capacity, actively recruiting and unemployed attorneys so difficult to find. It’s not required that a law blogger be a lawyer of course, as Walter Olson of Overlawyered and Point of Law demonstrates, but it just makes it a lot easier to recognize and discuss relevant legal issues.

It’s worth noting that many others stood up and took notice of FindLaw’s ugly conduct — during a holiday week, no less — including: FloridaLegal, Molly McDonough (ABAJournal), BlawgWhisperer (ABAJournal), Ron Coleman, Kevin O’Keefe, Nicole Black, Don Cruse; Lawrence Koplow; Tim Hughes; Copeland Casati; Ryan Daniels; Lydia Bednerik; Kevin Underhill; Gerry Oginiski; A Reasonable Suspicion; and Roy Mura. Some of those folks, also happen to have prominent blogs that FindLaw might rip-off next.

Lastly, and perhaps most importantly for the legal profession as a whole, FindLaw may have taken a smallish problem with a haphazard smattering of phony “blogs” that have popped up over the years, and given them (and newcomers) cover to act in the same unprofessional manner. Instead of raising the bar of discourse for lawyers they have lowered it. For if one of the pre-eminent names in the legal field thinks it’s OK to create a farkakte-blog (and you may have to hit that link unless you know a smattering of Yiddish), what message does that send to other lawyers? To the public? Is FindLaw now so desperate for business, so fearful of Martindale-Hubbell, Avvo and Google Scholar, that they are willing to race down to the muck and tarnish us all?

Greenfield wrote that:

For those of you who have placed their reputation in Findlaw’s hands, be prepared to be tainted by the company you keep.

But I think it is actually worse than that. While such dirt-blogs were previously confined to desperate lawyers here and there, FindLaw now opens the floodgates sewergates for lawyers to create slime for the web, for if it’s good enough for the once-vaunted Thomson West, it’s good enough for them.

Now if I could only find a good word to describe FindLaw’s number-two-blogs and their ilk. I know there’s a good one out there someplace. When others find that word, I’m sure it will hit the fan.

 

December 23rd, 2009

FindLaw — How Low Can They Go? (Stealing Blog Names)


I thought I was done blogging for the week, but I just learned that FindLaw, another one of those “venerable” names in the legal biz, has swiped my blog name. I kid you not.

They’ve created The New York Personal Injury Law Blog (all links here coded as “NoFollow”). The person that allegedly writes it, “Emily Grube,” doesn’t even show up in the New York directory of attorneys when I checked. She also writes the Philadelphia Personal Injury Law Blog, The New York Criminal Law Blog, and who knows how many others that are in start-up phase.

And, surprise, surprise, when you read the “articles” that are written they have a link at the bottom with the “call to action” to contact one of the lawyers that pay FindLaw to promote and advertise for them. As it happens, I know many of those on that list, and some are friends of mine. And you can bet your last dollar that I will let them know what FindLaw is up to, and they can decide for themselves if this is the type of conduct that they approve of.

How pathetic is FindLaw, anyway? Last year they were busted for selling links on their editorial content. Two weeks ago Scott Greenfield danced all over them for using the names of local criminal defense attorneys in their spammy solicitation to him.

Of course, one may try to say that my blog name is merely descriptive. But after three years of blogging and, I think, a fair amount of recognition across the legal blogosphere, it has taken on a distinctiveness all its own. I thought about sending them a note to alert them of my site. But then I realized that if they didn’t already know about my site, then they were really just too pathetic to believe. I mean, what lawyer would start up a blog without checking to see if the name was being used?

Find Law, which is owned by Thomson West, is an agent for the attorneys that pay them money for promotion. I suspect that these good folks just assumed that Find Law would act in ethical, proper ways and not try to sell links or steal blog names. But this is what their agent has been up to. Do law firms really want to be associated with a company that acts in such a swarmy way?

FindLaw, I’d like you to meet Martindale-Hubbell, both of whom seem not-too-far removed from LegalX and a bazillion other sites hustling their way across the web without seeming to care about their reputations.

They’ve ripped off my name now. Is yours next?

(Hat tip to John Hochefelder who found the “blog” and let me know)

Links to this post:

Call this “Notice”  
Mitchell Sassower is doing it. Marc J. Chase is doing it. Myron Kahn is doing it. Many others are doing it too, but those three are at the top of the list. What are they doing? They’re funding FindLaw’s crappy little rip-off (all above

posted by Mark Bennett @ January 06, 2010 2:50 PM
 
Due Diligence in Naming Your New Blog  
Findlaw vs. NY Personal Injury Law Blog: The Opening Salvo. Interrupting our Headway vs. Thesis Cage Match for just a moment, I wanted to share some thoughts prompted by the following tweet from BlawgWhisperer, the ABA Journal’s web
posted by Sheryl @ December 27, 2009 10:56 AM

 

December 22nd, 2009

Accidents Direct Is Spamming Me


Apparently, yet another one of the many accident attorney search companies failed to get the memo: If you drop comment spam in my blog I will give you more than you bargained for. Reading the “Notice to Spammers” in the sidebar would have been helpful.

So Accidents Direct, a company I never previously heard of, appears to think it would be nice to come over to my little piece of property here and put graffiti on my house.

Notice to those lawyers that are thinking of hiring Accidents Direct: If you outsource your marketing to this outfit, then you run the risk of outsourcing your ethics to a spammer. That is probably not what you want to do.

Oddly enough, this is a U.K. company, so they also appear to be wasting money by trying to trash my site.

But perhaps the worst part is that the spammer, who identifies herself as “Catherina,” elected to insult me in the process, starting her spam with this:

your blog is awesome and informative. Our service is also similar, I hope it will be useful to your visitors too….

Gives me shudders.

If enough people out the spammers, whose conduct further hurts the reputations of attorneys, then fewer people/companies will spam.

 

December 16th, 2009

Martindale-Hubbell Fires Spam Company; Explains Comment Spam Episode; Problems Remain (Updated)


Martindale-Hubbell previously reported that it suspended a company that sent comment spam to blogs, of which mine was one. They also offered a full accounting of the episode.

Today they confirm that the spammer has not just been suspended, but that they “have subsequently stopped working with them.” At my invitation, they have now given an accounting of the incident.

What follows is an email from Derek Benton, Director of International Operations at Martindale Hubbell International on the subject. My comments follow his email:
—————————–

“In late September, the UK Martindale-Hubbell team hired an agency to help us drive traffic back up on our co.uk. site. SEO was a core component of this program as a new directory structure for the site had caused significant issues with our organic rankings. It was our understanding that we would get to approve everything the agency did on our behalf, however unfortunately in this instance that did not take place. The agency we worked with, or an agent acting on their behalf, unfortunately posted some garbage comments without our knowledge.

We do not condone spamming under any circumstances, and once we discovered that these generic posts had gone out we immediately instructed the agency to halt all work on our behalf, and have subsequently stopped working with them. As we mentioned, we have also requested that the agency provide us with a list of all blogs affected so that they can be contacted individually.

Bottom line: we take this as seriously as you do. There’s absolutely NO long term benefit to us from spamming sites. One way or another it’s going to fail you in the end. We’re here for the long haul, and are fully aware that there are no legitimate short cuts. We’ve learnt an important (and somewhat painful) lesson about working with 3rd parties, but we’re confident that it’s one that will help us in the long run, even if it stings a little right now.”
—————————–

There are two interesting things about this episode. First, that Martindale-Hubbell says it is common practice to outsource attorney marketing to others, and second, that MH seems frantic after having been knocked off its #1 perch by upstart Avvo.com.

First to the outsourcing: In the Q&A that I did with Benton was this exchange about outsourcing their own work to British company called Conscious:

ET: After MH outsourced to Gilroy’s company [Conscious], did Gilroy outsource it elsewhere?

DB: Yes he did. Outsourcing is a common practice to help reduce labour costs.

As I’ve intoned before, attorney ethics and marketing are deeply connected. So when marketing gets outsourced, so do ethics. But the acknowledgement by MH that it is “common practice” for the attorney search services to, in turn, subcontract out the marketing they were hired to do, means that attorneys hiring a marketing company essentially run the “common” risk of their ethics being outsourced to low-cost mystery marketers.

Is that where you want your ethics to go, to the lowest bidder in the SEO marketing world? Because that appears to me to be part of the “common practice.”

It’s also worth noting that the “experts” in the attorney marketing world include disbarred or inexperienced attorneys.

Who, exactly, can you trust, when even the largest of attorney search companies feels it’s OK to send your ethics to the low bidder?

The second thing worth noting is the desperation of MH to reclaim its top spot in the attorney search arena as they worry about becoming an endangered species. Because there are beaucoup bucks to be mined from people that will — notwithstanding the risks of outsourcing their ethics to strangers hired on the cheap — ask others to advertise for them without understanding the ramifications.

If you hadn’t noticed, Avvo appears to have surpassed MH’s lawyers.com in the number of unique visitors they get each month. One of those two companies isn’t happy about that.

Of course, if you look at Avvo’s site, you’ll see that it is missing the “attorney advertising” mark that New York says is mandatory for attorney web sites.

It’s like the wild west out there.
——————-
Addendum 12/18/09 from Denton via email:

Eric – Thank you for giving us the opportunity to tell our side of the story. Unfortunately, in your accompanying commentary you asserted that “Martindale-Hubbell says it is common practice to outsource attorney marketing to others.” That is not at all what we’ve said or done. The agency we hired was engaged to provide SEO services to our co.uk. site — not to fulfill any marketing services for lawyers.

My response: SEO and attorney marketing are interrelated.

Links to this post:

8 Predictions for Lawyers in 2010  
As we look forward into 2010, I see the pace of change for the legal world accelerating driven by the economy, technological improvements and lawyers becoming more entrepreneurial in response. My list below may sound very self-serving,
posted by Conrad Saam, Sr. Marketing Manager @ January 04, 2010 2:55 PM

 

December 3rd, 2009

Martindale-Hubbell Q&A On Spam Campaign; Promises Full Accounting; Will Attempt to Notify All Victims

Martindale-Hubbell, the 140 year old attorney directory company, has responded to questions raised after it’s agent was caught sending spam to law blogs. Among its promises are a full public accounting for the incident(s) and an attempt to notify all of the law blogs that were defaced by its spammer.

Earlier this week I noted that MH was spamming my blog. MH subsequently acknowledged that they outsourced marketing to another company that spammed blogs, and also offered to answer questions about the incident.

The questions/answers below were too long for comments, and are presented here. Responses comes from Derek Benton, Director of International Operations at Martindale Hubbell International:


ET:     If MH claims to be a leader in social media, why is it outsourcing the social media to others?

DB: In this case we were outsourcing our SEO to an agency, just as we outsource plenty of other Web pieces. The team in the UK (MHI) recently changed to a new CMS [ed: content management system] and as a result we saw a drop off in traffic to our co.uk. site.  To quickly address the issue, we hired an agency in late September to help bring our traffic back up to pre-CMS deployment numbers.  We didn’t have the bandwidth on our team to do it ourselves. We hired the agency with the understanding that we would approve everything and that has not been the case.  The agency’s understanding was different.  We are now discussing why there was a miscommunication. All SEO work with this vendor has been halted whilst we investigate.

ET:  After MH outsourced to Gilroy’s company, did Gilroy outsource it elsewhere?

DB:  Yes he did.  Outsourcing is a common practice to help reduce labour costs.

ET:  Will MH make the results of its internal investigation public, so that others can learn from it?

DB:  Absolutely. We’d be happy to have somebody do a guest blog post on the matter here if you’d like?

ET:  Will MH identify the blogs that were defaced by Gilroy’s company? Because they have that information for you. (Gilroy’s site includes this feature: “We offer the following link building submission service … if you want it, we’ll give you a screenshot for each submission. This way you will know the job has been done really well.”

DB:  I can’t answer this on behalf of another company, but will try to find out. The quote and link you used above actually relates to their directory submission service, so I don’t know whether the screenshot applies in this instance.

ET:  Will MH follow-up with each of the blogs that were defaced?

DB:  Per the above, if we can identify them, absolutely.

ET:  I note on your blog that MH is holding a webinar on social media, which is “a series of online events bringing together some of the legal profession’s top social media evangelists to share their knowledge and tips on the practical uses of social media.” (Irony noted.) Will you be using this experience as a teaching moment?

DB: We’ve certainly learned from the experience, yes.  That said, our webinar series is more about bringing experts together to discuss key issues than it is about us (MH) broadcasting our opinions. We’re not for a minute defending spamming, nor have we ever done so, I’m not sure whether there’s a teaching moment in there.  Don’t spam is about the extent of it.

Links to this post:

December 11 roundup  
Key Obama regulatory appointees at NHTSA (auto safety) and FTC [commerce, antitrust] used to work for AAJ, the trial lawyers’ lobby [Wood, PoL]; “Adventures in Lawyer Advertising: Muscle, Talent, Results, and Terrible Acting” [Above the

posted by Walter Olson @ December 11, 2009 12:11 AM
 
Flip Side of the Spam Scam  
Scammer/Spammers are nothing if not agile. And so, while Eric the Turk at New York Personal Injury Blog pursues the scandalous Martindale-Hubbell Spammer-Palooza, fellow New York blawger Andrew Bluestone at New York Attorney Malpractice
posted by SHG @ December 04, 2009 10:36 AM