Google says that, in testing, the new call-only ad design has had a positive impact on phone calls and conversions while keeping costs down for advertisers. You can read more about the change in Google Ad’s Help Section.

“On average, advertisers with the new call-only ads design have seen a 14% increase in phone calls, a 16% increase in call conversions and better cost efficiencies with an 8% decrease in overall paid clicks. The new look helps call-only ads stand out from other text ads, reducing accidental clicks from users who didn’t intend to make a call.”

Call-only ads that are already in place will be automatically switched over to the new design this week. There is no additional action needed on the part of advertisers.

This article has been brought to you by SYZYGY, a full service Digital Advertising & Analytics Agency, working exclusively with Attorneys and Law Firms.

Brandon Speagle
PPC Manager, Author, MDDS
SYZYGY — Google Ads For Lawyers

A small, a two-lawyer Law Firm from New Jersey, was named in a trademark infringement lawsuit filed by a P.A. Firm of 42 lawyers in late 2018, that made me rethink the way I Advertise for Attorneys.

The lawsuit alleged that the small New Jersey Firm used Google Advertising to divert potential clients away from the mid-sized P.A. Firm by using their name to attract clients and then re-directed them to the smaller Firm’s website.

Attorneys are held to a higher standard of professionalism because of the role they play in our society and in the courts. Attorneys are expected to follow the same Google Advertising Guidelines and state laws that any other business is expected to follow when advertising online. In addition, attorneys must also follow the Rules of Professional Conduct that govern Attorney advertising, set forth by the American Bar Association at the federal and state level.

If an attorney fails to abide by the ABA Rules of Professional Conduct, they might face disciplinary actions or sanctions. However, even with the restrictive nature of the Bar Rules, you can still advertise in an effective manner online by following the letter and spirit of the rules.

Google states: “Google will not investigate or restrict the use of trademark terms in keywords, even if a trademark complaint is received.” This does not mean that you are free to bid on your competitors names without consequence, even if you aren’t misleading clients in the Ad copy itself. Many Law Firms believe that you can legally bid on a competitor’s name, likeness and trademarks, or are unaware that the advertising agency or person managing their Google Ads is bidding on their competitors name.

The lawsuit stated: “Upon information and belief, defendants have purchased plaintiffs’ names and numerous variants thereon as Google Ads in order to divert Plaintiffs’ potential clients to Defendants,” referring to the Lanham Act for false advertising and false association.

State Bar regulations govern Digital Advertising rules for Attorneys and are specific to each state. Every industry must follow Google’s Advertising Guidelines. However, Attorneys must also follow the Rules of Professional Conduct setup by the state Bar.

In this case, the defendant used the larger law firm’s name in ad copy. Presuming this claim is true, it would appear to be a calculated attempt to deceive potential clients. The court agreed and issued a temporary restraining order and preliminary injunction banning the defendant from marketing in that way on Google Ads.

The tactic of bidding on a competitors name is called “Conquesting”. And while this tactic may not necessarily be against Google’s Advertising Guidelines, it could still open up a Law Firm to potential legal ramifications if it infringes upon Trademark law, or goes against the Rules of Professional Conduct put in place by the State Bar Association. This is not the same thing as putting a competitors name or other information into the Ad itself, which most lawyers know is not only unethical, but also illegal and could lead to being disbarred if convicted. I’ve noticed many people don’t understand, or make clear this distinction.

The American Bar Association (ABA) in Rule 7.1 states that, “A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.”

Each state bar association will have similar rules to those provided by the ABA, and they will also have rules that apply to their own particular jurisdiction. Currently, not all state bars have provided an opinion on whether or not it is unethical to bid on a competing attorney’s name in ads. However, some states have looked at the practice and declared it to be unethical.

For example, Florida issued Advisory Opinion A-12-1 that states that using “false, deceptive or misleading [meta tags] is prohibited” and that this ban also applies “when lawyers purchase advertising on a search engine keyed to specific words or phrases.” North Carolina also says bidding on a competitor’s name is unethical.

A 2010 North Carolina Formal Ethics Opinion stated: “It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation. Rule 8.4(c). Dishonest conduct includes conduct that shows a lack of fairness or straightforwardness. See In the Matter of Shorter, 570 A.2d 760, 767-68 (DC App. 1990). The intentional purchase of the recognition associated with one lawyer’s name to direct consumers to a competing lawyer’s website is neither fair nor straightforward. Therefore, it is a violation of Rule 8.4(c) for a lawyer to select another lawyer’s name to be used in his own keyword advertising.”

Based on this case, I would say using a competitor’s name to gain business places a firm and its attorneys at risk of legal and ethical complaints, something that can destroy a law firm’s reputation.

With that said, I think this is a clear case of the Law needing to catch up with Technology. How would this be any different than a Law firm placing a billboard ad directly above an office building where a competing Law Firm resides? As far as I know that’s completely legal, and In theory, the placement of such a billboard would surely siphon some percentage of business in a debatably similar fashion.

I don’t make the rules, I just follow them, and so should your Law Firm. This is why it’s critically important that your Law Firm works with an advertising agency that understands state and federal advertising Law for attorneys. If you’re worried that your Law Firm may be at risk for Trademark infringement, or are unsure if the advertising agency you have hired is deploying this tactic either purposely or unwittingly, reach out to me and I’ll be happy to consult you and provide some professional insight.

This article has been brought to you by SYZYGY, a full service Digital Advertising & Analytics Agency, working exclusively with Attorneys and Law Firms.

Brandon Speagle
PPC Manager, Author, MDDS
SYZYGY — Google Ads For Lawyers

“More than 90% of all online searches are Google searches.” – SYZYGY Analytics

“This is a company that dominates all aspects of advertising on the internet, as they dominate the buyer, seller and auction side,” Paxton said.

Google’s parent company, Alphabet, valued at more than $825 billion, last year reported gross revenue exceeding $137 billion with a net income of $31 billion.

The legal authorities are primarily focusing on Google’s dominance in advertising and in search. 

Arkansas Attorney General Leslie Rutledge said Monday, “When my daughter is sick and I search online for advice or doctors, I want the best ones — the best advice or the best doctors — not the ones who spent the most on advertising.”

Typically, if a business can afford to consistently stay in position 1-4 in Google, they are likely providing a valuable service, though this is not a guarantee. All it takes is someone willing to bid high enough to take these positions one time, and they can enter the space with a long term advertiser, and effectively siphon some of their business.

The power of the top positions in Google cannot be overstated, not when more than 95% of clicks are going to the top 4 results.

Missouri Attorney General Eric Schmitt said in a statement, “It’s like if you were trying to buy a house, and Google owned the house, and a lot of houses on your block. And they were the buyer’s agent and also the seller’s agent. It would raise questions, certainly.”

In an article I published last week, online project management company Basecamp was complaining that Google’s paid search ads are similar to a “shakedown,” and then proceeded to run an ad in Google Ads saying, ““We’re the #1 result, but this site lets companies advertise against us using our brand. So here we are. A small, independent co. forced to pay ransom to a giant tech company.”

Jen King, the director of privacy at Stanford’s Center for Internet and Society said in a statement, “There’s definitely concern on the part of the advertisers themselves that Google wields way too much power in setting rates and favoring their own services over others.”

“On the one hand, you could just say, ‘Well, Google is dominant because they’re good,'” King said. “But at the same time, it’s created an ecosystem where people’s whole internet experience is mediated through Google’s home page and Google’s other products.”

One possible outcome could force Google to spin off it’s services that hold market monopolies like Search, Advertising, Youtube and possibly even Android, the most widely used phone service in the world, as separate entities.

A Google executive who was reached for statement said, “Google is one of America’s top spenders on research and development, making investments that spur innovation: Things that were science fiction a few years ago are now free for everyone — translating any language instantaneously, learning about objects by pointing your phone, getting an answer to pretty much any question you might have,” he wrote.

There are currently 160 billion Google searches each month, so it’s no wonder everyone feels compelled to advertise in this space, which in many cases can be the difference between having the ability to reach customers or not.

On one hand, I don’t like the idea of starting a business that becomes so successful the government can tell me I have to split it up, negatively affecting my bottom line. On the other hand, Google has been criticized for prioritizing its subsidiaries over competitors within search results, giving them an unfair advantage in a space they control. This type of conduct can erode the trust of customers and consumers and I believe could justify some kind of action to be taken against Alphabet AKA Google.

The Department of Justice, the Federal Trade Commission and Congress are also conducting probes of Google.

This article has been brought to you by SYZYGY, a full service Digital Advertising & Analytics Agency, working exclusively with Attorneys and Law Firms.

Brandon Speagle
PPC Manager, Author, MDDS
SYZYGY — Google Ads For Lawyers

Making edits to a Google Maps listing is easy, and anyone can do it. If you wanted to, you could make it seem as though your competitor has closed down, or shortened their business hours, or you could slightly change their website address or even worse, and yes you can do that. You hope that no one does that to your business, but that’s the best you can do when it comes to protecting your Google Business Listing, or is it?

The business owner will receive an email about the change, and may notice it, but only after the change was implemented. They then need to go in and update their listing and wait hours to sometimes days or even weeks for Google to make the update in the search results.

I don’t think I’m alone in wishing we all had a way to disable people from making edits to our local listings if the local listing is verified and managed in a Google Business account. Improper edits can result in your listing completely disappearing from the search results, thus impacting your business in a major way.

One idea that’s been floated around would be to simply disallow third party updates for verified Google Business Listings. 

Why does Google allow anyone to make edits to your business listings? Because if your business is shutting down, chances are you won’t take the time to go online and mark the business closed in Google maps. Many business owners do not claim or maintain their own Google business listing. In order for Google Maps to stay updated, it requires this open collaboration.

Allan Frisk from Phoenix writes, “I’ve seen cases in which due to external edits, name or categories get changed and when corrected by the listing owner, the listing goes into suspension! There should be a better way to manage external edits for verified businesses, something that shows information on updates to posts, photos, reviews, etc.”  

Some business owners submit the listing correction and see the updates happen within as little as one hour, while others are not so lucky, and have been known to wait weeks. This is a harsh reality for Law Firms that depend on this organic listing, and a great reason to consult with a professional before attempting to manage or correct Google Business Listings.

In Orange County, California, the owner of one law firm had to film a video tour of his six area branches to reinstate his Google Maps listings. He found out that a competitor had posted 108 local listings, all of them with phone numbers that led back to that firm’s one office in the county. Other affected trades include moving, towing, vehicle repair, utility repair, and general contract work. 

The best offense is a great defense, particularly when it comes to maintaining a Google Business Listing for a business generating millions of dollars. Digital Advertising Agencies, like SYZYGY, incorporate real-time Google Business Listing monitoring services into all of our service plans. If you believe you have a Google Maps or Google Business Listing problem, contact me via the “Inquire” tab to schedule a time to talk.

If you come across misleading information or fraudulent activity on Google Maps related to the name, phone number, or URL of a business, you may use this form to submit a complaint.  Business Redressal Complaint Form

Brandon Speagle
PPC Manager, Author, MDDS
SYZYGY — Google Ads For Lawyers

This story relates directly to a common complaint I’ve received from Attorneys, referring to competitors bidding on a business’ brand name and Trademarks. “Conquesting” is a common way for brands to show up when potential customers search for a competitor. The increase in competition across all areas of industry is forcing business’ to step up their game when it comes to Google Ads. This increase in competition is forcing businesses who once had a monopoly on the top positions in Google to share the space. I would argue many businesses simply were unaware of how good they had it. It was easy to establish a false sense of security out of a mostly empty playing field.

In this case, it’s a company who has always dominated rankings in Google organically for its name and brand, and had no need to run paid advertising. It was also a big player in an emerging market that now has fierce competition. 

One business impersonating another business with the purpose of deceiving the public by using trademarked slogans or business names within the ads that are served to the public could be considered fraud. This goes against Google Ad guidelines. Fried did mention the company filed complaints about trademark violations with Google for ads that use Basecamp’s name, but added that ads of that kind keep popping up.

However, this isn’t just about the obvious cases of fraud as I’ve just described. The real subject of this complaint targets legitimate competitors, and their ability to bid on any business’ name or Trademark. 

This is the kind of advertising headache Attorneys and Law Firms have known all to well, for many years. In my last article, a prominent Texas Attorney filed suit against 14 Law Firms for allegedly bidding on his Trademark and name in a similar complaint. The outcome of that case could be an indication of what direction the law, and Google will go on this issue in the future.

In a statement from Google, the company prohibits the use of trademarked terms in the text of an ad if the owner files a complaint. “Our trademark policy balances the interests of users, advertisers and trademark owners, ” the statement said. “To provide users with the most relevant ads, we don’t restrict trademarked terms as keywords. We do, however, restrict trademarked terms in ad text if the trademark owner files a complaint.”  This is an important distinction to understand. You don’t see the keywords a business bids on within Google search results. You only see the Ad they have chosen to display when the keyword they are targeting wins the keyword auction.

In Google’s defense, one could argue that preference is being given to the business itself when a business bids on their own branded terms because they typically have the business name in the URL, and plastered all over their website. This improves relevance and drives down Cost-per-click costs for that name and related terms. This may not be the case however if you resist to make the proper investment in your Google Ads account, or don’t have it being managed by professionals. A poor performing account could leave you vulnerable to competitors burying your listing for your own branded terms. 

Fried mentioned that he previously hadn’t ran ads in Google but had no choice because of paid ads from competitors burying his organic listing, sometimes as far down as fifth place.

There are reports that the Justice Department is looking into Google’s digital advertising and search operations practices’ as authorities prepare an antitrust review of the tech giants’ market power. It makes me wonder if the recent combination of social media exposure, and lawsuits might influence Google to find some kind of solution, especially when 30 states are considering their own antitrust investigations against the tech giant.

Fried continued, “It just seems completely unfair”.

He also says, “You basically have to pay protection money to Google to even have a chance”.

Fried says the company is running the ad to stand up for small businesses having these kinds of problems with Google. When you put it that way, it sounds like a selfless endeavor, and as a fellow small business owner, one I can empathize with and get behind. However, I don’t know if I would consider a business that has 50+ employees, and Jeff Bezos as a minority stake holder, a small business.

In my opinion, this is an example of what happens when you have it easy for too long. I call sour grapes..

I’ll leave that up to the reader’s interpretation, and conclude my observation.

Brandon Speagle
PPC Manager, Author, MDDS
SYZYGY — Google Ads For Lawyers

If the defendants used the name of his Law Firm in the Ads themselves, that is a violation of the Rules of Professional conduct in most states, and could be grounds for a lawsuit, and possibly even disciplinary action if the state BAR gets involved.

“New technology raises new challenges to trademark holders’ rights,” plaintiff attorney Jered Matthysse of Pirkey Barber in Austin said in an email. “Our complaints seek to prevent the misuse of click-to-call technology on mobile devices in a way that violates trademark rights and confuses consumers.”

Under most states bar rules, the name of at least one attorney or law firm and office address must be included in any communications used for advertising that indicates the attorney is responsible for the content on the website or advertisement. This information must be clear and conspicuous and must be of the same size, color, duration, cadence, contrast, location and audibility that an ordinary person would be able to easily read, hear, notice and understand.

“Defendants have bid increasingly higher amounts to strategically place their own confusing ads next to—and often before—plaintiffs’ own ads in the search results. Defendants have done so intentionally, knowing that having their ads appear next to or before plaintiffs’ ad will cause a significant number of consumers specifically searching for plaintiffs to be confused and contact defendants instead.”, The lawsuits alleged.

Digital Advertising guidelines for Lawyers can vary from state to state. Rules of Professional Conduct govern attorney and Law Firm advertising, including electronic communication, content published on the internet and attorney or law firm advertising or marketing websites. All attorneys must abide by these rules when creating a website for advertising or marketing purposes.

The lawsuits also alleged that the defendants use a fraudulent scheme to use Adler’s reputation and trademarks when they buy mobile device keyword search ads for his name and trademarks. This has the effect of making the defendants’ “click-to-call” ads pop up when people use their mobile devices to search for Adler, according to the complaints.

If Adler’s claims are true, this would mean that the Ad’s were impersonating his Law Firm in order to siphon business, which is a violation of the Rules of Professional Conduct in most states. This is why it’s important to work with Advertising Agencies who have a thorough understanding of your State BAR Advertising Rules of Professional Conduct in order to make sure that your Law Firm’s Google Ads don’t get you into trouble.

Also, the defendants are bidding high amounts for Adler’s marks, which has the effect of driving up the costs for Adler himself, the attorney argued. A higher number of consumers are calling the defendant’s’ lawyer referral call centers by mistake even though they’re searching for Adler, the lawsuits alleged. Those call centers then refer the clients to Adler’s competitors.

I personally don’t think this piece of the argument will hold much water seeing as this simply refers to the keywords being targeted on the backend. I might see this argument holding more weight if it weren’t for the fact that Google gives favor to your Business for your own branded terms, such as the exact name of your business.

I will be interested to see if this lawsuit goes so far as to say that even bidding on the name of a competitor is against the rules. If it does, I can almost certainly foresee more lawsuits of this type being filed in the future.

This is going to be an interesting case to watch unfold, and one that could set precedent, forcing Law Firms to rethink the way they advertise on Google. Feel Free to contact me if you’re interested in a list of the competitors who are bidding on your Law Firms’ name & Trademarks.

Brandon Speagle

SYZYGY — Google Ads For Lawyers