FindLaw in Class Action?
A comment came in yesterday about a possible class action suit against FindLaw. I didn’t publish it because it was a blatant advertisement for a couple of firms who bizarrely thought I created this blog so that they could freely advertise. Go figure.
But the ad itself is worth discussing so it now follows with the names of the law firms redacted.
The potential class deals with FindLaw promising attorneys that it will put them on the first page of Google, which, of course, is impossible to do for all of your clients if you have more than a few clients and you use normal keywords. Lawyer search service hustlers are pretty much everywhere these days, and slime predominates from WhoCanISue and SueEasy to FindLaw, to MalpracticeLawOffice and AnAttorneyForYou amongst the gazillion companies sleazing their way across the web.
The redacted version of the ad, originally submitted on the post on how to save thousands of dollars a year by dumping FindLaw, looks like this:
We understand that many attorneys are dissatisfied with services and products provided by FindLaw. Many laws firms have told us that their business dealings with FindLaw did not come close to meeting their expectations. For example, we have been informed that FindLaw made promises about placement on the “first page” of search engines that were not delivered?
Attorney [redacted] and [redacted] have joined forces to investigate any potential causes of action that may flow from FindLaw’s business dealings with lawyers across the United States. A number of attorneys have contacted us and have asked to retain our services, therefore we are in the process of gathering more information and documentation to assist us in our investigation. Any feedback, documentation and suggestions that you would like to share with us would be greatly appreciated. We are also looking for experts in the areas of legal marketing and the Internet.
If you would like to learn more about this matter or offer your assistance, please click on the link below in order to connect with our law firms. You can expect to receive a prompt and confidential response. [redacted]
While I certainly see the anger in those that wasted big bucks with FindLaw, such a suit on these terms seems to be a no-win situation since the actual contract that the lawyers signed with FindLaw would govern, there are unlikely to be any such written “first page” assurances, and the verbal assurances (even if admissible given the existence of a written contract) would likely differ from case to case. That would tend to be problematic given the need for common questions of fact for the victims in a class action.
It would also be problematic given the sophisticated nature of the potential plaintiffs and the fact that only a moron would believe every customer could be on the first page.
To the lawyers that tried to use my blog to chase clients: If you want to chase, do it on your own dime.
While the above class action seems to be a likely loser, there may be another avenue to explore. If lawyers want to claim that FindLaw‘s dreck-blogs tarnishes their reputations (as well as the reputations of every other attorney in the country) and constitutes a breach of contract, then more power to you. Perhaps a suit lies in such a claim and I wish you well in nailing them to the wall for their scuzzy conduct. Here is a copy of the FindLaw Master Agreement.pdf for you to go looking for additional ammunition.
I’m just trying to help. If anyone goes that route, give FindLaw my best regards. If you succeed based on my tip, please remind them where it came from.