Is it ethical for lawyers to use competitive Google Keyword Ads?

Being 2024 it is a well known fact that Google Keyword Ads are king.

If you attempt to search for any particular subject or service, it is inevitable that you see “sponsored” ads from any and all player in that space vying for your business. If you want to find service you even have to potentially scroll down several levels to find a particular business or provider that an actual organic solution taking the proper steps to advertise their business on Google Keywords Ads. In an more interesting turn of events, this action has now hit the legal space where law firms are now weighing in on the grey areas that affecting the flow of business under keywords and Google ads.

This issue has taken such a front seat that courts and bar associations are having to step in and comment on whether such so-called competitive Google keyword ads, where searching for a specific lawyer actually results in results for his or her competitor, are misleading and/or unethical resulting in lesser-known attorneys to ride the coat tails and reputation of their more prominent competition in the space. Or, what must be determined dependent on the state now, is it a savvy loophole to attract new clients capitalizing on the grey areas of the internet.

Morgan And Morgan Stating Claim to Misleading Competitors

Large prominent contributors Morgan & Morgan, with more than one thousand lawyers in its arsenal, sued a lesser rival firm over their keywords advertising. M&M allegedly voiced that the Morgan Law Group had breached a previous settlement using Google Keyword Ads in 2020 agreed upon not to use these particular tactics.

Previously, M&M had sued more than fifteen firms due to similar instances using keyword ads linked to its name. The partner Damien Prosser had stated that the team sent hundreds of cease-and-desist letter to curb this very issue.

Azar & Associates vs Slocumb

In Colorado, Franklin D. Azar & Associates sued the Slocumb Law Firm, an Alabama based firm, for allegedly using Google Keyword Ads were advertising to trick potential leads into picking Slocumb instead.

Azar claims Slocumb’s ads included trickery when implementing a ‘click-to-call’ link on Google Keyword Ads that connected would-be consumers to phone operators that danced around the questions regarding which firm had actually been contacted. This particular case was confirm that it violated the Colorado consumer protection law, trademark infringement and unjust enrichment, and is headed for trial in January.

Technicalities with Google Keyword Ads by State

Google Keyword Ads does not restrict use of trademarks as keywords, but it does require advertisers to abide by state and local trademark laws prohibiting infringement. “Any ad that conceals or misstates infromation about the advertiser’s business, product or service is not allowed”. These quick snap auctions are ruthless when companies bid for specific ad space and keywords included to draw in potential business, maximizing the amount people are willing to pay.

In Ohio, for example purchasing other law firm’s names is deemed a ‘lack or professional integrity’, as stated by the Ohio Board of Professional Conduct, stated in 2021. It is a particular plot “designed to deceive” would be clients to build business when in fact allegedly pointing towards another firm.

States like New Jersey, Texas, South Carolina, and Florida on the other hand say that the practice is allowed, provided it is clear that the sponsored links are advertisements and there are no misleading attempts to swipe leads from competitors. Colorado specifically worked on this issue discussing proprietary keyword ads but couldn’t decide on a direction.

People using Google to locate a business or service are smart enough, they should be able to locate ‘sponsored’ ads. People and businesses might benefit from promoting offerings or differentiating services to help boost their chances of being seen.

Final Thoughts on the Competitive Rat Race of Google Keyword Ads

Today, Google is the end all be all of advertisements in a digital age. More businesses in all other spaces compete in the same way and yet the legal industry, having the knowledge of copyright and other legal avenues are seemingly the largest contributors to the cases popping up. No matter if you are an advertising company, grocery store, or other business owner, everyone is struggling for exposure and customer sales funnel. This again is the sweet science of existing in the digital age. It may seem like the wild west to most, but we believe it falls more on creativity and strategic planning to beat out competitors.

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