Lawyer sues Morgan & Morgan over firm's 'deceptive' ad practices
By Sara Merken
July 18 (Reuters) -An Arkansas lawyer has sued Morgan & Morgan, a national plaintiffs law firm known for its energetic marketing, accusing it of unfair and deceptive advertising practices that harm his own business.
Morgan & Morgan runs advertisements with "dramatizations" and testimonials from clients in violation of state attorney professional conduct rules, personal injury lawyer Jody Shackelford alleged in the lawsuit filed on Wednesday in Arkansas federal court.
The Arkansas television ads include disclaimers such as "DRAMATIZATION" and "ACTUAL CLIENT," which mislead consumers by falsely suggesting that they comply with the local rules, the complaint said.
Orlando, Florida-based Morgan & Morgan's broadcast of the commercials also violated Federal Communications Commission rules preventing false or misleading advertising, the complaint said.
Morgan & Morgan has as a result retained Arkansas clients, "diverting potential clients from Arkansas attorneys and law firms" and giving the firm an unfair advantage, Shackelford said in the lawsuit.
Morgan & Morgan spokesperson Dave Falkenstein said in a statement the lawsuit "is meritless and will be dismissed."
Shackelford, who works at a two-lawyer firm, told Reuters it can be difficult to compete with such a big firm, which he said is "stepping on the little guys."
Morgan & Morgan spent nearly $240 million in TV ads in 2023, and $40.3 million in digital ads that year, according to a February blog post from the U.S. Chamber of Commerce Institute for Legal Reform that cited data from advertisement analytics firms Tunnl and Sensor Tower.
Micah Buchdahl, a New Jersey-based ethics attorney who focuses on law firm marketing and advertising, said Morgan & Morgan's marketing approach has affected personal injury and other law firms around the country. In some cases they have had to "really advertise heavily" for the first time to compete against the firm, he said.
Morgan & Morgan faced a lawsuit in Pennsylvania in 2017 from personal injury firm that claimed its local ads were misleading consumers about the firm's work in the state. Morgan & Morgan asked the court to dismiss the lawsuit, and the case was dropped in 2018.
The case is Shackelford v. Morgan & Morgan Complex Litigation Service PA, U.S. District Court for the Eastern District of Arkansas, No. 3:24-cv-00123-JM
For Shackelford: Pro se
For Morgan & Morgan: Not immediately known
Reporting by Sara Merken
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