The number of mass tort marketing groups has grown exponentially over the last 10 years. Some firms are very good, while others talk a big game but fall well short of expectations. The devil is always in the details. Below are some questionable areas that open the door to potential fraud. Being in this business for the past several years and in digital marketing for 20 years, I have seen them all.
1. Conflicts of Interest
Does your marketing company own or are they partnered with a law firm? If so, they have the potential to make even more money once cases settle.
2. The Fallacy of a Fixed CPA
Your goal of acquiring vetted signed retention agreements that stand up to medical records and work history should be the same as your marketing partners. Everyone feels good about a guarantee; however, in this case, you shouldn’t.
In a fixed-cost acquisition model, the marketing company is focused on meeting the number of contracts delivered. The quality is secondary. When the goal is on the number of contracts, quality wanes, and the risk of “doctored” diagnoses along with inaccurate exposure/work history increases.
Pressure on the marketing partner to fulfill the “order” has also led some to sign the same client for different firms. The common goal must be the long-term conversion of potential clients based on real vetting to have the best chance for financial recovery for you and your client.
3. Not All Media Is Created Equal
Solicitation conflicts arise when marketing companies use affiliate-based models to acquire raw leads. Offshore-based call centers calling through huge amounts of medical data are solicitations. When a marketing group outsources its advertising, they are more susceptible to these types of conflicts, either knowingly or unknowingly.
Stick with traditional-based marketing groups that use tried and trusted media platforms. It keeps your firm out of trouble and makes for a better client.
4. Transparency
Do you see the raw leads that come in from your campaign? You paid for them. In my opinion, this is where the rubber meets the road. If your firm is only seeing the intake packet, there may be an issue. Insist on seeing the raw leads and intake notes.
5. Round-Robin
The Round Robin of raw leads and incoming phone calls to multiple contracted firms for the same litigation is a common practice. This method can also be used to cherry-pick.
It is not uncommon for marketing groups to favor their big clients or send them to their internal firms. The better way is for the marketing company to track leads by individual spending and have individual ads assigned to the individual law firm.
Keep your dialogue fluid and consistent. If you suspect manipulation, ask questions.
We hope this helps.
