This page was originally authored in 2017 and due to considerable traffic and questions from lawyers, has since been updated in June 2022. As questions were common to how to get the leads early, we have revised this post to focus on the first three steps to take within your own practice.
It’s tragic but true – as we put our trust into medical device and pharmaceutical companies, we often learn they are caught for not properly testing their products before selling them to the public. From Phillips CPAP Machines to hernia mesh, and Exactech medical devices, the makers behind these products (and more) seem to put profits over the wellness of patients.
The cycle doesn’t seem to be slowing down.
Though law firms can and do help these patients receive the compensation they rightfully deserve, it can often be a difficult journey for an attorney to get a patient’s attention to provide professional assistance, especially in the beginning when details and case law are not clear.
The following mass tort marketing tips can help you get a head start.
#1 – “Low Effort” With Speed
It’s imperative to understand that mass tort marketing is all about timing. While it’s impossible to predict the future (i.e. when a product liability case will surface), a law firm should be aware of the current market, and prepare different strategies for if – or when – a recall, injury or lawsuit comes into play.
For example, when a lawyer initially hears about an emerging litigation, the first thing that they should do is:
- Inform and brief your team. Just get the basics out. “The product is ____ and it’s causing ____. I’m working on the details, but for right now that’s what we know.” Do this, especially so the intake department is aware of the matter and does not reject PNCs (potential new clients), even if they do not have an intake questionnaire or final criteria.
- Simultaneously, create a blog for the website, and make sure the topic is featured on their homepage. Post what you can with a minimum of 300 words and then continue to expand upon it. To be clear, if you decide to pursue the litigation, don’t leave a short (aka “thin”) blog sitting with minimal information.
- Use your Google Business Profile and make a post with a link to the blog.
These are low-cost, low-effort items that get the firm’s website into Google’s ranks on the topic. Getting your site updated early can help you to get your share of the first cases which may have the most merit, and do so at an extremely low cost. These first leads provide considerable insight into the litigation, including if you may want to take a back seat or a leadership/PSC role.
Pro Tip: If you can get original photos of the product, take your own photos to stand apart and embed into your blog. So if there was a baby food recall due to toxicity, send someone to Publix or Whole Foods to take photos. If it was a CPAP machine, someone in your firm knows someone who uses one. Ask for that person to take a photo and use it on your blog.
#2 – Email Lists
Short story: After a cocktail with one of our more dynamic Southern California clients, we were shocked to learn they had already signed over 200 3M earplug cases before the litigation was widely known, and they had done zero advertising or used social media. Fortunately, the Whistle Pig whiskey was good and did its job leading to the reveal that was quite the surprise: their newsletter. Every individual that wrote into the firm previously, every former client, and anyone who volunteered to sign up for it received their newsletter. At the time, it had 8,000 recipients. Today it is over 20,000.
Don’t hesitate. If you do not have an email list, get started. Every web form submission and anyone you can add to the list get started. Don’t worry about what to publish, that comes later. For those of you with an email list and no newsletter, you may be missing out on a cost per case acquisition that could be less than one of those whiskey drinks — extremely low in comparison to paying a marketing company or running ads.
If you have questions about how to do this, please give us a call or shoot us a message. It’s so easy to do and the email list becomes IP for the firm and carries its own value.
#3 – Social Media & Boosting
Presuming your firm has social media and some kind of following then creating a post and “boosting” is extremely easy to do. That blog that was written with the original highly relevant photo (Tip #1) can be used here. Create a post and say something to the effect of:
Our firm has received reports that _____ is causing _____, and we are investigating these matters to better understand if the public has been caused undue harm. Our firm has been a leading law firm in protecting the rights of Americans against dangerous ______ and _______. If you or someone you know has been impacted or injured by one of these potentially defective devices, they may contact our offices for a no-cost, confidential consultation.
It’s not enough to establish your firm as just another option that’s available, it’s important to remind your potential clients that you are a leading presence in the legal field.
Social media marketing is stacked with incentives – mainly, it’s affordable, user-friendly and quick to produce. Specifically, it’s less expensive than television advertising. And while TV ads are still prominent, where do you think a person is going to go after that thirty-second commercial, when their head is full of concern and questions? Yes, the Internet.
If you want your firm to stay ahead of the game, then marketing is a topic that should not be discussed as an afterthought. Don’t drag your feet. You can make the larger budget decisions after you have covered a few easy basics that cost <$1000.
Have a Need for Leads? Contact Obu Interactive
Do you like the sound of these tips and want more professional insights? Do you want to level up and bring in more cases? Good, you came to the right place. Contact Obu Interactive today by calling (800) 619-5944. As one of our long-time clients has often said “Obu will make it rain.”