Agency Guide
2026-04-13

We Don't Take a Cut of Your Ad Spend. Here's Why That Matters.

4 min read
#Agency Guide

Most law firm marketing agencies make money in two ways: a management fee, and a cut of whatever you spend on ads. Sometimes the second one is disclosed. Sometimes it isn't.

When an agency takes a percentage of your ad spend, they make more money when you spend more — regardless of whether spending more is right for your firm. That's a conflict of interest, and it's been a structural problem in the marketing agency industry for as long as percentage-based pricing has existed.

This post explains how the markup works, why it affects your results, and what a no-markup model looks like in practice.

HOW THE MARKUP WORKS

How the Markup Works

There are two versions of this:

The disclosed markup: The agency charges a management fee and also charges a percentage of your ad spend as a "platform fee" or "media management fee." You see both line items on the invoice. The percentage-of-spend charge is framed as the cost of handling your advertising budget.

The undisclosed markup: The agency invoices you for a combined total that includes both management and ad spend. You pay them, and they pay Google (or Meta, or wherever). The difference between what they pay the platform and what they charge you is their margin — and you have no visibility into it.

Both versions create the same problem: the agency's income goes up when your ad spend goes up, regardless of whether more spend is producing better results.

WHY THIS CREATES CONFLICT

Why This Creates a Conflict of Interest

Imagine your agency is managing your family law advertising and month three comes in slower than expected — fewer calls than projected. There are two explanations:

01

The ad spend level is right, but the targeting or messaging needs refinement

02

The ad spend needs to be increased to generate more volume

If the agency takes a percentage of spend, option 2 is more profitable for them. Not by a huge margin — but the incentive is real and it compounds over months and clients.

An agency on a flat fee doesn't have this incentive. If the spend level needs to go up, they recommend it because it's the right call — not because it makes them an extra $150 a month.

Small incentives shape behavior in ways that nobody in the relationship acknowledges. The percentage-of-spend structure is legal and widely used. It's also reliably misaligned with the client's interest.

WHAT "NO MARKUP" ACTUALLY

What "No Markup" Actually Means

At Crow & Pitcher, our fee is a flat $1,000/month for one practice area and one office. That's it.

Your ad spend goes directly from your credit card to Google. We manage your Google account — we set up the targeting, write the ads, adjust what's running — but we never invoice you for the ad spend and never take a cut of it.

Here's what that looks like mechanically:

01.

You set up a Google Ads account with your credit card on file

02.

We get added as a manager on that account

03.

We set a budget within your account — your card is charged by Google directly

04.

When Google charges you $1,500 for a month of ads, $1,500 went to Google, not $1,500 to us that we then forwarded

05.

We bill you $1,000 separately for management

You see two invoices: one from Google for ad spend (through your account), one from us for management. There's nothing in between.

WHY SOME AGENCIES DON'T

Why Some Agencies Don't Do It This Way

The pass-through model requires the agency to make its margin entirely from the management fee. There's no hidden revenue stream. For agencies that have built their business model around percentage-of-spend income, switching to flat fee means rebuilding their unit economics.

It's also harder to sell. A management fee of $1,000/month is visible and can be compared to competitors. A 15% platform fee on $3,000 in spend is $450 — and if you don't think about it carefully, it's less visible than a $1,000 line item.

We chose flat fee because it's the only structure we can explain without qualification. If someone asks us how we make money, the answer is simple: the monthly management fee. No other revenue stream.

WHAT ASK ANY AGENCY

What to Ask Any Agency You're Evaluating

Before you sign with any marketing agency, ask these questions directly:

01

How do you handle ad spend?

(Do I pay you and you pay the platforms, or do I pay the platforms directly?)

02

Is there a percentage or markup on my ad spend, disclosed or otherwise?

03

Can I see a sample invoice that shows how the charges are broken out?

Good agencies will answer these clearly. Agencies that are making money on the spread will either avoid answering directly or describe the arrangement in terms that make it harder to evaluate.

THE PRACTICAL DIFFERENCE OVER

The Practical Difference Over a Year

Say you spend $1,500/month in ads. A 20% agency markup adds $300/month — $3,600/year — that goes to the agency, not to generating your clients. That's the cost of the structural conflict, measured in dollars.

Over a year of working with a no-markup agency versus a 20%-markup agency at the same ad spend level, you generate more leads with no difference in management quality.

That's the whole argument.

If you want to talk through how our model works for your specific situation, book a 15-minute call. We'll walk through the structure and answer every question you have about where your money goes.

Crow & Pitcher charges a flat $1,000/month management fee. Ad spend goes directly from the client's card to Google. No markup, no percentage, no hidden fees.

Ready to see the math for your firm?

Book a 15-minute call. No slide deck — just your numbers and an honest conversation about whether it makes sense.

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