In this episode of The Litigation Psychology Podcast, Bill Kanasky, Jr., Ph.D. dives into the rapidly evolving world of plaintiff attorney advertising and specifically how it's exploded on social media. While traditional ads like billboards and cheesy daytime TV spots are still around, many plaintiff firms are now taking a totally different approach online. Bill explains how these firms are using TikTok, Instagram, and X (formally Twitter) to push out videos that aren’t focused on big verdicts or settlements, but rather aimed at shaping public opinion and, ultimately, juror attitudes.
Bill breaks these videos down into five key themes: 1. Anti-insurance messaging, where attorneys warn viewers not to speak with or accept offers from insurance companies because “they’ll screw you”; 2. Humanization of the plaintiff firm, posting behind-the-scenes office tours, staff intros, and even lighthearted content like dance videos and trivia to show they’re just regular, likable people; 3. Educational content, where attorneys explain litigation terms and legal processes in simple, friendly language; 4. Do’s and don’ts videos, like checklists for what to do if you’re injured or filing a claim; 5. Intra-plaintiff firm competition, where attorneys differentiate themselves by claiming superior trial skills over “billboard lawyers.”
Bill notes that what’s most interesting is that these videos and messages are rarely about huge payouts but instead they’re about fairness, trust, and credibility. And it’s working. Plaintiff attorneys continue to build successful practices and jurors see these videos, and consciously or not, they come into the courtroom with biases that can be hard to shake. Bill points out that the defense bar and insurance industry are completely missing from this space, leaving the messaging one-sided. Lastly, Bill asks the questions: should the defense start countering this? And should voir dire include questions about social media exposure to these types of messages?
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