The End of “Buying Leads”: Why Joint Advertising is the Only Safe Harbor for Law Firms

For decades, the legal marketing industry operated on a simple, transactional premise: attorneys paid money, and vendors delivered “leads” or “signed cases.”

That era is ending. And for law firms that fail to adapt, the consequences could be severe.

Across the country, Bar Associations and state governments are closing the loopholes that allowed unregulated “lead brokers” to operate. The most prominent example, California SB 37 (Business and Professions Code § 6155), explicitly targets the buying and selling of clients, categorizing many of these transactions as illegal referral services.

If your marketing vendor is selling you a “signed retainer” for a flat fee, they—and you—may be in the crosshairs of regulators.

The Compliance Trap

The problem with traditional lead generation is the lack of transparency. When you “buy a case,” you are essentially paying a commission for a client. In the eyes of many Bar Associations, this constitutes an unauthorized referral service.

Because of these tightening sanctions, many lead generation companies are quietly exiting strict states. They know their model cannot withstand scrutiny.

The Solution: Joint Advertising & Administrative Support

At Mohr Marketing, we recognized this shift early. We built our entire infrastructure to comply with the Highest Level of Compliance. We do not sell leads. We facilitate Joint Advertising.

Here is how our model protects your firm from regulatory blowback:

1. Separation of Powers (The Dual-Entity Structure)

To ensure we are never classified as a referral service, we split our services into two distinct entities:

• Mohr Marketing, LLC acts strictly as your media buyer and marketing strategist.
• Legal Support Cases, Inc. acts strictly as an administrative support bureau, handling call center duties and document execution.

Neither entity recommends specific attorneys to consumers.

2. You Pay for Labor, Not People

In our model, your money goes toward media inventory and administrative labor. You are funding an advertising campaign and hiring a team to process the results. You are not paying a bounty for a head. This distinction is critical for compliance with fee-splitting rules.

3. Liability & Control

Compliance requires the attorney to take ownership. In our agreement, the Client (Attorney) expressly acknowledges that they are engaging in a joint advertising campaign and assumes liability for the advertising content. This puts the control—and the compliance—back in your hands, where it belongs.

Beyond Compliance: Quality Assurance

Compliance doesn’t matter if the marketing doesn’t work. We pair our legal safety net with IDology (a Know-Your-Lead protocol used by financial institutions) and Scammer Scrub™ to filter out serial plaintiffs and fraud.

The Bottom Line

The days of blindly buying leads are over. The risk to your license is too high. Partner with a firm that understands the nuances of the law as well as you do.

Let’s discuss your specific needs and how our Compliance Program, AI Lead Generation Technology, digital marketing, signed cases, and verified leads can help you achieve your growth goals.

For more information, Contact Mohr Marketing today for a custom quote.

www.mohrmktg.com 

Best Wishes,
Sue Mohr

Summary

Article Name

Why Joint Advertising is the Only Safe Harbor for Law Firms

Description

If your marketing vendor is selling you a "signed retainer" for a flat fee, they—and you—may be in the crosshairs of regulators.

Author

Susan Mohr

Publisher Name

Mohr Marketing, LLC

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