Not all markets are created equal. The same advertising strategy that works in one DMA might be futile or dominant in another. Our analysis of where $150 million in monthly legal advertising goes shows just how wide these gaps are.
The Wide Variance
Los Angeles illustrates the extreme end:
- $164 million in legal services advertising in 2024
- 725,000+ ads in a single DMA
- Multiple national and regional brands competing intensely
- Extremely high cost to achieve meaningful share of voice
At the other extreme, some mid-sized DMAs see a fraction of that spending with significantly less competition.
What Drives DMA Intensity
Legal advertising concentration correlates with several factors:
Population and Accident Volume
More people means more accidents, which means more potential cases. High-population DMAs naturally attract more legal advertising.
Plaintiff-Friendly Venues
DMAs known for favorable jury verdicts attract PI advertising investment. Reputation for large verdicts justifies higher acquisition costs.
Mass Tort Activity
Some DMAs become heavy due to specific mass tort campaigns rather than general PI. When a major pharmaceutical or device litigation heats up, advertising in relevant markets spikes.
Competitive Dynamics
Markets where one or two firms dominate often see less entry by new competitors. Markets with fragmented competition might attract more advertisers trying to gain share.
Top Markets vs. Secondary Markets
Major Metro Reality
- Dominant nationals like Morgan and Morgan command presence
- CPMs and CPCs at highest levels
- Breaking through requires massive budget
- Marginal cost per incremental impression very high
- NYC, LA, Chicago, Houston, Miami
Secondary Market Opportunity
- Less competition from major nationals
- Lower media costs (CPMs, CPCs)
- Higher relative impact from moderate budgets
- Potential to establish dominant local presence
- Smaller population but efficient share capture
The trade-off: smaller population means smaller total addressable market. But efficient share capture often beats expensive competition in saturated markets.
Evaluating DMA Opportunity
When assessing a market, consider:
Ad Spend Per Capita
Total legal ad spend divided by population. High spend per capita indicates saturation; low suggests potential opportunity.
Active Advertiser Count
How many PI firms are actively advertising? More competitors means more fragmented attention. Fewer might indicate underserved market or low returns.
Dominant Player Presence
Is Morgan and Morgan heavily invested? Sweet James? Thomas J. Henry? Their presence significantly changes the competitive equation.
Media Cost Structure
What do TV, digital, and OOH actually cost in this market? Lower media costs stretch budgets further.
Case Economics
What are average case values in this market? Higher values justify higher acquisition costs. Markets with lower typical settlements have tighter economics.
OOH Heat Map Insights
ATRA’s reporting includes out-of-home advertising heat maps showing geographic concentration. OOH has surged 260%+ since 2017, with particularly dense billboard usage in certain DMAs.
High OOH density indicates:
- Heavy advertising competition in that market
- Focus on local brand building and saturation
- Often correlates with high overall legal ad spend
Strategic Implications
For Firms in Competitive DMAs
If you’re in a market like Los Angeles with $164M in legal advertising:
In New York’s $14.5M monthly market, for example, a $500K budget buys just 3% share of voice.
- Don’t try to outspend. The math doesn’t work against deep-pocketed nationals.
- Differentiate on targeting. Household-level precision beats broad demographic spray.
- Differentiate on creative. When everyone looks the same, different breaks through.
- Build brand before the moment of need. Create recognition so they search your name specifically.
- Consider geographic concentration. Own specific counties rather than spreading thin across the DMA.
For Firms in Less Competitive DMAs
If you’re in an underserved secondary market:
- Opportunity to dominate. Moderate budgets can achieve significant share of voice.
- Build before others arrive. Establish local brand equity before national competition increases.
- Full-funnel approach. With less competition, awareness campaigns have higher relative impact.
- Watch for market changes. If mass tort activity or nationals enter, adjust strategy.
The Right Market Question
The question isn’t just “which DMA has the most potential cases?” It’s “where can my budget create the most impact?”
$164 million in Los Angeles advertising means your $500K budget might be invisible. That same $500K in an underserved market could establish meaningful presence.
Market selection, or concentration within markets, is a strategic decision that compounds over time.