Defending People

the tao of criminal defense trial lawyering

Internet Marketers and Other Scoundrels

Mark Bennett | January 30, 2010

I wrote a couple of posts over at Social Media Tyro about the ethics of ghostblawging (something I’d scribbled about here before). One ghostblawger’s response raised broader issues that fit better here at Defending People.
In an email, Jenni Buchanan of LegalGhostblogger.com invited private discussion of the ethics of ghostblogging, and asked that I remove my [...]

Call this “Notice”

Mark Bennett | January 6, 2010

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 links are nofollow) of the name of Eric Turkewitz’s excellent New York Personal [...]

Does Daniel Barrera Want To Ruin Defendants’ Lives?

Mark Bennett | December 15, 2009

If he does, the State Bar doesn’t mind.
First, a story: the Texas Legislature amended section 38.12 of the Texas Penal Code, entitled, “Barratry and Solicitation of Professional Employment,” in September. The former statute had been held unconstitutional by Judge David Hittner in Moore v. Morales, John Cornyn had opined formally as Texas AG that the [...]

Bradley Johnson Offers a Free Four-Part Symposium on Internet Marketing for Lawyers

Mark Bennett | December 1, 2009

1. September 17ish, 2009: Seattle lawyer Bradley Johnson, using the name seattle injury attorney, tries to leave a spam comment at Popehat:
Really enjoyed reading your blog post. I will have to bookmark your site for later.
Patrick writes about it, naturally.
2. November 14, 2009: a representative from Bradley Johnson’s office contacts Popehat:
to request we remove a [...]

Outsource Your Marketing, 3000 Words Edition

Mark Bennett | November 25, 2009

Houston’s own Lindeman, Alvarado, and Frye has made ATL with four of its website pictures tastelessly illustrating “Child Sexual Assault & Internet Solicitiation [sic] of a Minor” (shown below), “Rape & Sexual Assault,” and “Family Violence.” (H/T Gideon, whose post is entitled “Why people think criminal defense lawyers are scum.”)
I know Jim Lindeman, Gil [...]

Sixteen Rules for Lawyers Who (Think They) Want to Market Online

Mark Bennett | November 16, 2009

1. If you’re looking for The Promised Land, you’re in the wrong place. This is the Wild West, Pilgrim.
2. There are clients online—sophisticated, moneyed clients—but they don’t find lawyers the way you think they do. That is, they don’t find lawyers the way the marketers want you to think they do. Clients—sophisticated clients, clients with [...]

In Favor of Lawyer Exceptionalism

Mark Bennett | November 8, 2009

Avvo’s general counsel Josh King proposes this rule for the regulation of lawyer marketing:
Ultimately, in the absence of consumer harm – and, indeed, a crystal-clear fit within the law’s prohibitions – states should never find that lawyer marketing practices violate their rules.
Josh’s reasoning is Constitutional—I gather from his post that the First Amendment allows lawyers [...]

Waaaahhhh. Mine Hurts Too!

Mark Bennett | November 7, 2009

Carolyn Elefant details the defense of three of the “persecuted” Connecticut Total Bankruptcy lawyers.
I don’t know that “persecuted” is the right word to use to describe people who face possible punishment for something they did—let’s be blunt—out of avarice. But okay.

Lessons in Media Relations and Blogging, from Tyler Flood [Updated, and Again]

Mark Bennett | November 7, 2009

Tyler Flood (one of the smartest lawyers Tyler Flood has ever met!) says of his recent debacle in the Houston Press:
During the course of this process I praised so many of my colleagues and even told Mike who to talk to, including Jed [Silverman], Gary [Trichter], Troy [McKinney], [Mark] Thiessen, Murph [Doug Murphy], Jim Medley [...]

Disbar the Connecticut 5

Mark Bennett | November 6, 2009

No, not really. I don’t care whether they get disbarred or let off.
A lawyer can’t pay a nonlawyer for a referral. This is an uncontroversial proposition. In Connecticut, paying a nonlawyer for a referral can even be a felony. So when five Connecticut lawyers signed on to pay totalbankruptcy.com $65 per referral, they shouldn’t [...]