AI Hijack: New Jersey Court Opens Door to Automated Lawyer Impersonation
A recent court ruling in New Jersey allows lawyers to bid on competitors’ names in online ads, raising serious concerns about AI-driven identity misrepresentation.
Court Decision Fuels AI Hijack in Legal Marketing
In May, the New Jersey Supreme Court ruled in In re Opinion No. 735 that it’s not unethical for a lawyer to purchase a competitor’s name as a keyword in search engine advertising. In simpler terms, lawyers can now pay to appear in search results when someone looks up a rival attorney — and that’s legal under current rules.
While this may sound like a minor marketing tactic, it has opened the door to something far more troubling: an AI hijack of legal identities.
How AI Hijack Works in Practice
Imagine a potential client searches for “Jane Smith, Esq.” expecting to find her website. Instead, the top result is a paid ad for “John Doe, Esq.” — a competitor. The client clicks, thinking they’ve found Jane, but ends up on John’s site. That click could mean a lost case and a misled client.
The court justifies this by saying the ad is labeled “Sponsored,” so it’s not technically misleading. But in today’s world of automated ad bidding and AI-generated content, that argument no longer holds up.
Automation Behind the Deception
No lawyer is manually targeting individual names anymore. Instead, AI-driven platforms do it automatically — buying thousands of competitor names and testing ad copy continuously for better performance. This is how AI hijack works: fast, scalable, and constantly improving.
These AI tools don’t just buy keywords. They generate persuasive ad text, adjust location targeting, and even customize tone — all based on user behavior. This makes it easier than ever to trick users into clicking the wrong link.
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The Court’s Misguided Comparison
The court compared keyword bidding to opening a sandwich shop near a popular deli. But in the AI era, it’s more like sending a robot to intercept customers before they even reach the deli. And that robot uses your name to guide them to a completely different place.
Even court-required disclaimers don’t help. As attorney Michael J. Epstein noted, “AI will keep optimizing the copy until it gets the click. The deception will persist.”
The Growing Threat of AI Hijack
The deeper issue is that AI isn’t just playing by the rules — it’s staying ahead of them. Lawyers now find themselves paying just to show up under their own names online. This is no longer traditional marketing. It’s digital extortion powered by algorithms.
The court has essentially allowed a scalable form of identity misdirection. And with more advanced AI tools on the horizon, the problem is only going to grow.
Soon, generative systems will create entire landing pages, alter ads based on user location, and change messaging in real-time — all under someone else’s name, and all legally approved.
A Clearer Path Forward
There was a simpler and fairer solution: ban the practice. Let every firm promote its own name and build its own brand — without riding on the reputation of others.
Until rules change, lawyers in New Jersey will be stuck in a constant fight against AI hijack. It’s not just about clicks anymore. It’s about protecting identity in a digital battlefield.