Here are some key points about advertising by lawyers:- Bates v. State Bar of Arizona established that lawyer advertising is a form of commercial speech protected by the First Amendment. However, it can be regulated for misleading, deceptive, or invasive communications.- Traditional ethical rules prohibit false or misleading ads (Rule 7.1) and place some limits on in-person solicitations and targeted mailings (Rule 7.3). - Lawyers can advertise areas of practice, locations/phone numbers, but some rules restrict advertising fields of specialization unless certain requirements are met.- Most states now allow some internet/website ads with disclaimers about past results not guaranteeing future performance. Direct emails/texts
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Slides from the October 22, 2011 Skills Course at Loyola University College of Law New Orleans, that discusses the ethical dilemmas of marketing online...and just being online. Delicious links and commentary available at: http://delicious.com/stacks/view/C9ACYi
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Semelhante a Here are some key points about advertising by lawyers:- Bates v. State Bar of Arizona established that lawyer advertising is a form of commercial speech protected by the First Amendment. However, it can be regulated for misleading, deceptive, or invasive communications.- Traditional ethical rules prohibit false or misleading ads (Rule 7.1) and place some limits on in-person solicitations and targeted mailings (Rule 7.3). - Lawyers can advertise areas of practice, locations/phone numbers, but some rules restrict advertising fields of specialization unless certain requirements are met.- Most states now allow some internet/website ads with disclaimers about past results not guaranteeing future performance. Direct emails/texts
Semelhante a Here are some key points about advertising by lawyers:- Bates v. State Bar of Arizona established that lawyer advertising is a form of commercial speech protected by the First Amendment. However, it can be regulated for misleading, deceptive, or invasive communications.- Traditional ethical rules prohibit false or misleading ads (Rule 7.1) and place some limits on in-person solicitations and targeted mailings (Rule 7.3). - Lawyers can advertise areas of practice, locations/phone numbers, but some rules restrict advertising fields of specialization unless certain requirements are met.- Most states now allow some internet/website ads with disclaimers about past results not guaranteeing future performance. Direct emails/texts (20)
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Here are some key points about advertising by lawyers:- Bates v. State Bar of Arizona established that lawyer advertising is a form of commercial speech protected by the First Amendment. However, it can be regulated for misleading, deceptive, or invasive communications.- Traditional ethical rules prohibit false or misleading ads (Rule 7.1) and place some limits on in-person solicitations and targeted mailings (Rule 7.3). - Lawyers can advertise areas of practice, locations/phone numbers, but some rules restrict advertising fields of specialization unless certain requirements are met.- Most states now allow some internet/website ads with disclaimers about past results not guaranteeing future performance. Direct emails/texts
- 1. A Series of Tubes @scottwolfejr
- 2. Additional Written Materials http://delicious.com/stacks/view/C9ACYi#m=full http://zlien.us/oU5G3S
- 3. “ The Internet is not something that you just dump something on. It’s not a big truck. It’s a series of tubes. Former U.S. Senator Ted Stevens June 28, 2006 - Debating Net Neutrality Bill http://www.thedailyshow.com/watch/wed-july-12-2006/headlines---internet?xrs=share_copy
- 4. Topics For Today Intersection of the www & ethics • Confidentiality • Duties to Clients and Others • Advertising & Marketing
- 5. What Are You Doing?
- 6. What Are You Doing?
- 7. Rule 1.6: Confidentiality of Information (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.
- 8. Lawyer Faces Discipline Over Blog Post http://bit.ly/1xFzIH “ A former Illinois assistant public defender faces disciplinary charges over postings to her blog that may have exposed client confidences and revealed her complicity in a client’s fraud on a court.
- 9. Virginia Lawyer Blogging About His Cases http://zlien.us/ors3oL “Can newspapers report on criminal trials? Yes, absolutely they can. Can (Hunter) then go back and report on his own cases [that are in public domain]. No, absolutely not. - Virginia bar counsel Horace Hunter
- 12. Your Client
- 13. Your Client “But the fact that something isn’t privileged or confidential doesn’t mean that we, as criminal- defense lawyers, should reveal it freely. Our clients very rarely have anything to gain from seeing their criminal cases get more googlable.” http://zlien.us/oTPlwX
- 18. Rule 3.3 Candor Toward The Tribunal (a) A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal...
- 20. Lawyers Beware: Judges May Be Watching You on Social Media http://zlien.us/qHDxlu “ Judge Criss (Galveston, TX) recalled a lawyer telling her she needed a continuance because of a death in the family....but found out on her facebook account that she had been partying that same week. The judge denied the request.
- 22. http://bit.ly/31GDi State bar authorities in Florida have fined trial lawyer $1,200 for criticizing judge on a blog...Among other remarks...called the judge an "evil, unfair witch."
- 23. A Legal Battle: Online Attitudes v. Rules of the Bar http://bit.ly/3A1lMz
- 24. Rule 1.18: Duties to Prospective Client (a) A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.
- 28. “ Online legal matching services have the potential to reduce consumers’ costs for finding legal representation, which would likely increase competition among attorneys to provide legal services. USA Federal Trade Commission 2006 Letter to New York Bar Association in Opposition to Proposed Advertising Rules
- 29. Rule 3.5 Impartiality and Decorum A lawyer shall not: (a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law; (b) communicate ex parte with such person during the proceeding...
- 31. Florida Bans Judge’s From “Friending” Lawyers http://zlien.us/oodEHL
- 32. Ohio Judges CAN Friend Lawyers http://zlien.us/pxrp4Q
- 33. Jurors Tweeting at trial....
- 34. Lawyers Tweeting at trial...
- 35. Rule 4 Truth & Respect Rule 4.1: Lawyer shall not make false statement of fact or law to third person... Rule 4.4: Lawyer shall not use means or methods of obtaining evidence that violate the legal rights of a person.
- 36. Friending an Adverse Witness for Info Could Violate Ethics Rules http://bit.ly/15yf90 “ Deception is deception, regardless of the victim’s awareness in her interactions on the Internet and susceptibility to being deceived.
- 37. Florida Board of Bar Examiners Maybe Watching... http://bit.ly/PUFpA “ The FBBE’s Character and Fitness Commission had recommended in its final report that the board consider expanding its current review of personal Web sites during background investigations
- 38. Advertising
- 39. Bates v. State Bar of Arizona (US 1977) Lawyer advertising is constitutionally protected speech. It cannot be completely banned, but may be subject to restrictions regarding “time, place and manner.”
- 40. Summary of Constitutional Principles Non-Commercial Speech Non-Invasive Speech Invasive Speech Shapero Letter Commercial Speech
- 41. Summary of Constitutional Principles Non-Commercial Speech Non-Invasive Speech Shapero Letter? Invasive Speech Commercial Speech
- 42. Summary of Constitutional Principles Non-Commercial Speech Non-Invasive Speech Shapero Letter? Tv or Radio? Invasive Speech Commercial Speech
- 43. Summary of Constitutional Principles Non-Commercial Speech Non-Invasive Speech Shapero Letter? Tv or Radio? Internet? Invasive Speech Commercial Speech
- 44. Outline of Traditional Rules Rule 7.1 - Prohibits false or misleading communications Rule 7.2 - time, place, manner restrictions on lawyer advertising Rule 7.3 - further limits in-person and targeted solicitations Rule 7.4 - restricts advertising fields of practice and specialities Rule 7.5 - firm names and letterhead
- 48. Louisiana Proposed Rules for Internet Communications
- 49. Louisiana Proposed Rules for Internet Communications “ 7.6(a) ‘computer accessed communications’ are defined as information regarding a lawyer’s or law firm’s services that is read, viewed, or heard directly through the use of a computer.
- 51. Florida Rules for Internet Communications http://zlien.us/qgIG7S
- 52. Florida Rules for Internet Communications “ Under the guidelines, a lawyer would be permitted to have truthful information, including testimonials and past results, if accessible to a viewer only by going through a disclaimer page that requires the viewer to read and acknowledge receipt of specific disclaimers about the information posted on the page. http://zlien.us/qgIG7S
- 58. Web Images Maps News Shopping Gmail more ! Sign in Google Advanced Search new orleans attorney Search Preferences Web Maps Results 1 - 10 of about 5,570,000 for new orleans attorney. (0.16 seconds) New Orleans Attorney Sponsored Links Sponsored Links onypc.com/charbonnet-law-firm-llc Do You Need a Trusty Lawyer? Contact Us Today to Get Legal Help. LA Insurance Lawyer Need An Insurance Attorney? Call DiGiulio Utley, LLC For Help With Your Insurance Case. www.digiulioutley.com New Orleans Personal Injury and Criminal Defense Attorneys www.HardieLaw.com Show map of 422 Notre Dame Street, New Orleans, LA The Young Firm New Orleans Attorney Free Cons. Attorney In New Orleans www.lawyers.com Attorneys by Location & Specialty Visit Lawyers.com Today. Exp. & Aggressive Trial Attorneys. TheYoungFirm.com Local business results for attorney near New Orleans, LA 400 Poydras Street, New Orleans, LA A. Adams Hoefer Holwadel Eldridge - www.ahhelaw.com - Daniel E. Becnel Jr. (504) 581-2606 - More Personal Injury & Class Actions B. Catherine Lampard-Naccari, Attorney - www.nola-law.com - Nationally recognized attorney (504) 525-4361 - More www.BecnelLaw.com C. James L. Arruebarrena, Attorney at Law, LLC - Louisiana wwww.louisianainjuries.com - (504) 525-2520 - More D. Bloom Legal - New Orleans Lawyer - www.bloomlegal.com - Dale Maas (504) 599-9997 - More Attorney at Law E. Bain Steven E Attorney at Law LLC - www.lawelder.com - Pro Law Corporation (504) 585-7942 - More www.LocalAdLink.com F. Rowe Robert E Attorney - weilerreestaxlaw.com - (504) 524-2944 - More D'Amico Frank J G. Mc Glinchey Stafford PLLC - www.mcglinchey.com - Law Offices of Frank J D'Amico Jr. (504) 586-1200 - More Personal Injury, Katrina, Insurance H. Jones Walker Law Firm - www.joneswalker.com - (504) 582-8000 - damicolaw.net More 622 Baronne St # 2, New Orleans, LA I. Phelps Dunbar Llp: Alessandra M Nan - www.phelpsdunbar.com - (504) 566-1311 - More New Orleans Injury Help J. Milling Benson Woodward LLP - www.millinglaw.com - Talk To An Injury Lawyer In Your (504) 569-7000 - 1 review Area. Sign Up For A Free Consult! More results near New Orleans, LA » www.InjuryHelplineAttorney.com New Orleans Lawyer Directory: Attorneys, Lawyers, Law Firms Talk To An Attorney Now New Orleans Lawyer Directory provides an easy way to find New Orleans attorneys/ Free Attorney Matching Service lawyers, court reporters, private investigators, process servers & other ... Fill Out a Form & Attorneys Respond neworleans.lawinfo.com/ - 79k - Cached - Similar pages www.FindLawyersAttorneys.com
- 59. Web Images Maps News Shopping Gmail more ! Sign in Google Advanced Search new orleans attorney Search Preferences Web Maps Results 1 - 10 of about 5,570,000 for new orleans attorney. (0.16 seconds) New Orleans Attorney Sponsored Links Sponsored Links onypc.com/charbonnet-law-firm-llc Do You Need a Trusty Lawyer? Contact Us Today to Get Legal Help. LA Insurance Lawyer Need An Insurance Attorney? Call DiGiulio Utley, LLC For Help With Your Insurance Case. www.digiulioutley.com New Orleans Personal Injury and Criminal Defense Attorneys www.HardieLaw.com Show map of 422 Notre Dame Street, New Orleans, LA The Young Firm New Orleans Attorney Free Cons. Attorney In New Orleans www.lawyers.com Attorneys by Location & Specialty Visit Lawyers.com Today. Exp. & Aggressive Trial Attorneys. TheYoungFirm.com Local business results for attorney near New Orleans, LA 400 Poydras Street, New Orleans, LA A. Adams Hoefer Holwadel Eldridge - www.ahhelaw.com - Daniel E. Becnel Jr. (504) 581-2606 - More Personal Injury & Class Actions B. Catherine Lampard-Naccari, Attorney - www.nola-law.com - Nationally recognized attorney (504) 525-4361 - More www.BecnelLaw.com C. James L. Arruebarrena, Attorney at Law, LLC - Louisiana wwww.louisianainjuries.com - (504) 525-2520 - More D. Bloom Legal - New Orleans Lawyer - www.bloomlegal.com - Dale Maas (504) 599-9997 - More Attorney at Law E. Bain Steven E Attorney at Law LLC - www.lawelder.com - Pro Law Corporation (504) 585-7942 - More www.LocalAdLink.com F. Rowe Robert E Attorney - weilerreestaxlaw.com - (504) 524-2944 - More D'Amico Frank J G. Mc Glinchey Stafford PLLC - www.mcglinchey.com - Law Offices of Frank J D'Amico Jr. (504) 586-1200 - More Personal Injury, Katrina, Insurance H. Jones Walker Law Firm - www.joneswalker.com - (504) 582-8000 - damicolaw.net More 622 Baronne St # 2, New Orleans, LA I. Phelps Dunbar Llp: Alessandra M Nan - www.phelpsdunbar.com - (504) 566-1311 - More New Orleans Injury Help J. Milling Benson Woodward LLP - www.millinglaw.com - Talk To An Injury Lawyer In Your (504) 569-7000 - 1 review Area. Sign Up For A Free Consult! More results near New Orleans, LA » www.InjuryHelplineAttorney.com New Orleans Lawyer Directory: Attorneys, Lawyers, Law Firms Talk To An Attorney Now New Orleans Lawyer Directory provides an easy way to find New Orleans attorneys/ Free Attorney Matching Service lawyers, court reporters, private investigators, process servers & other ... Fill Out a Form & Attorneys Respond neworleans.lawinfo.com/ - 79k - Cached - Similar pages www.FindLawyersAttorneys.com
- 60. 2008 - $160.63! 5 Ad Groups! 15 Ad Variations! $2,625!
- 61. Title: 25 Characters Ad: up to 35 Characters Ad: up to 35 Characters Link: up to 35 Characters
- 62. Title: 25 Characters Ad: up to 35 Characters Ad: up to 35 Characters Link: up to 35 Characters Rule 7.2(a): Required Content Of Advertisement (1) Name of Lawyer (2) Location of Practice
- 66. Blogs Are Articles Advertisements?
- 69. Two: Journalist?
- 70. Virginia Lawyer Blogging About His Cases http://zlien.us/ors3oL “ [Hunter] did not want to publish the disclaimer because "it's not what I want to say. It cheapens the speech when I have to put in front of it, 'Oh, by the way, this is for advertising.' Horace Hunter
- 73. Three: To Make Political Points?
- 78. Why Am I Doing All This?
- 79. Why Am I Doing All This?
- 80. Summary of Constitutional Principles Non-Commercial Speech Non-Invasive Speech Invasive Speech Commercial Speech
- 83. The South Carolina Bar’s Advisory Opinion says it’s ethically permissible for lawyers to claim their posted listing but then turns around and states that a lawyer who adopts or endorses information on any similar web site becomes responsible for conforming all information in the lawyer’s listing to the Rules of Professional Conduct. http://zlien.us/oYT4uq
- 84. We’re living in a testimonial world, and lawyers are becoming testimonial girls.
- 86. You be the judge. Write a lawyer review Sign in Legal Guides Answers & Advice Lawyer Search Search Legal topic Location City and state -OR- ZIP Find guides Home > Legal Guides > Disputing a Construction Lien in Washington State E-mail Disputing a Construction Lien in Washington State Print Scott G Wolfe JR Posted in Construction / Development. Jurisdiction: Washington Add to list To file a construction lien against your property, a contractor must meet certain legal prequalifications. County recorders, however, are required to file construction lien instruments presented to them, regardless of a contractor's Other Legal Guides on Construction legal ability. The result? A construction lien may be placed against your property improperly. In Washington, like in most states, there is a defined manner of disputing the validity of a construction lien. Construction/Development Overview Construction Accidents in Washington Is the lien frivolous? State Liens subject to forced removal are termed "frivolous liens" by Washington law. According to a Washington statute, a lien is frivolous "if it is made without reasonable cause or clearly excessive." Filing a Construction Lien in Washington Practically speaking, this breaks down invalid liens into two categories: State 1) Circumstances when the lien was filed without following technical substantive or procedure rules of lien Construction Liens in Washington State 2) Circumstances when the lien is clearly devoid of any merit whatsoever Subcontractor: how to file a construction Regarding the first category of frivolous liens, the following are some common mistakes: lien on a single-family residential project Failure to adequately describe the property in the lien (i.e., filing without a legal property description). in Wisconsin Failure to provide the proper required notices. Notice is required from the claimant in some circumstances, but not See more related Legal Guides all. Failure to meet all of the statutory content requirements. The law is specific as to what must be identified in a
- 87. You be the judge. Write a lawyer review Sign in Legal Guides Answers & Advice Lawyer Search Search Legal topic Location City and state -OR- ZIP Find guides Home > Legal Guides > Disputing a Construction Lien in Washington State E-mail Disputing a Construction Lien in Washington State Print Scott G Wolfe JR Posted in Construction / Development. Jurisdiction: Washington Add to list To file a construction lien against your property, a contractor must meet certain legal prequalifications. County recorders, however, are required to file construction lien instruments presented to them, regardless of a contractor's Other Legal Guides on Construction legal ability. The result? A construction lien may be placed against your property improperly. In Washington, like in most states, there is a defined manner of disputing the validity of a construction lien. Construction/Development Overview Construction Accidents in Washington Is the lien frivolous? State Liens subject to forced removal are termed "frivolous liens" by Washington law. According to a Washington statute, a lien is frivolous "if it is made without reasonable cause or clearly excessive." Filing a Construction Lien in Washington Practically speaking, this breaks down invalid liens into two categories: State 1) Circumstances when the lien was filed without following technical substantive or procedure rules of lien Construction Liens in Washington State 2) Circumstances when the lien is clearly devoid of any merit whatsoever Subcontractor: how to file a construction Regarding the first category of frivolous liens, the following are some common mistakes: lien on a single-family residential project Failure to adequately describe the property in the lien (i.e., filing without a legal property description). in Wisconsin Failure to provide the proper required notices. Notice is required from the claimant in some circumstances, but not See more related Legal Guides all. Failure to meet all of the statutory content requirements. The law is specific as to what must be identified in a
- 89. RSS Syndication Users Can Subscribed to Feeds Feeds Imported Into Other Websites Feeds Emailed
- 90. How to Stop All This Talking?
Notas do Editor
- Introduction\nWhy Me? (Bar Association fight, Social Media involvement)\n
- \n
- Show the “Series of Tubes” video from the Daily Show. Whether you like it or not, these are the people running things in America. And don’t think that the Bar Association is going to get a handle on how the web works before they regulate. They won’t. In fact, they haven’t - as we won an injunction against them for this very reason. \n\nAlso, give examples:\n- Lawyers still do not have email (I had an email faxed to me before)\n- Bar associations and lawyers are AFRAID of the Internet and Social Media\n
- Really, our discussion is part technology and part legal ethics. You should really already know the legal ethics part - who took legal ethics?\n\nYou know you have duties of confidentiality, duties to your clients and others, and you have duties to advertise truthfully. How does this intersect with what you do online, that’s the question?\n\nBig Firm v. Small Firm. Doesn’t matter who you’re working for (yourself, a small firm or a big firm), this issues will come up because everyone is doing it online :).\n
- This question has transformed the world. I don’t know about you, but I don’t watch or read the news anymore at all. I get all my news from RSS Feeds, Facebook feeds or Twitter feeds. Just people answering this question: What Are You Doing? Or Reading? Or Watching?\n
- Well, when you’re an attorney, what you’re doing is you’re working on a case. You’re going to court. You’re dealing with an opposing attorney or judge whose an asshole....\n
- But we have to watch what we say, right?\n\nWell, this stuff comes up.\n
- In Illinois, a former Illinois assistant public defender faced disciplinary charges over posting to her blog which may have exposed client confidences and revealed her complicity in a client's fraud on a court.\nThis blogger was just plain dumb. It's obvious that an attorney has duties of professional responsibility, right? You can't say this stuff. Take a look at the comments she made by visiting the link.\nWould this lady, in her wildest dreams, purchased space in a newspaper to write this? I venture to guess she absolutely wouldn't. So why in the world does she feel like this is any different online?\nThe answer is this (i think): She just feels more comfortable doing it online, b/c we're getting to be a share-all society.\nBar associations and technophobes freak out about this stuff and call from strict rules to prevent this. BUT, do we need these strict rules? Doesn't the same confidentiality rule prohibiting the lawyer from publishing it in the newspaper, also prohibit her from publishing it on a web blog?\n
- This literally happened just this past week (Oct. 18th), and it’s being appealed in Virginia. AND, this matter has a bit more importance which we’ll discuss later. But, here is another instance of client confidences. Thing interesting here is that we’re not talking about “confidential information” - why? Because it’s in the public domain! \n\nUnlike IL lady, Hunter is not blogging about his clients secrets. He’s just blogging about things that are public information. We all know that things that are public are not = to confidential info.\n
- So, think about this. JDSupra.\n\nThese are memorandums, filed in the court, completely public. Anyone can go to the courthouse and look at these documents. If you’re in a parish with electronic access (24th JDC), anyone can go see them.\n\nPublic information allowed to be published by an attorney or client confidence?\n
- This is the JDSupra slogan.\n
- Here is what one lawyer blogger added to it. Why?\n
- Because of this. However, I disagree with this. While I disagree, unfortunately, I’m not the authority. \n\nI think they are more searchable, but think this is a dumb argument. Just because public records are "hard" to find, doesn't make them "secret" in any way. Plus, more and more clerk offices are putting their records online, and all appeal records are now published online free to be searched in one way or another.\nTrouble is, information is becoming more accessible than ever. An attorney shouldn't be penalized for contributing to that.\n\n
- examples of where pleadings are made searchable. \n\n
- examples of where pleadings are made searchable. \n\n
- \n
- \n
- Here is a duty that every attorney has: a duty to the court. You can’t make a false statement of fact or law to a tribunal. How does this relate to social media? Any guesses?\n
- How many folks have heard of this phenomena?\n
- Well, it’s a way for lawyers to get caught cheating too. Take a look at this instance.\n\nVisit link: http://zlien.us/qHDxlu\n\nRead this paragraph: “Criss has seen lawyers on the verge of crossing, if not entirely crossing, ethical lines when they complain about clients and opposing counsel. And she admonished one family member who jeopardized her own tort case by bragging online about how much money she would get from a lawsuit.”\n\nI read this a while ago and thought....no way, right?\n
- \n
- \n
- Great New York Times article that really ties together this tug of war between technology and bar associations. As you may have gleaned from the other links in this stack, I don't think any special rules are required to regulate attorney's behavior online. We already have the rules. Don't be an idiot! Don't put something online that you wouldn't publish in the newspaper. Don't make comments you can regret. Don't reveal client confidences. Etc.\n\nBUT, there is something that makes folks feel like they can do this online, when they would never do it in the newspaper. It's this "online attitude."\n\nThat's one piece of the puzzle. The other piece is that the attitude is not a myth or defect of any sort. It's a reality. The world is becoming more transparent. Justia, Google, JDSupra, etc. are publishing legal opinions. Pleadings are viewable online. When you want to get information, you don't have to go to the county recorder any more. You don't have to search high and low...it's right there at your finger tips. \n\nShould it be??\n\nWell, that's the battle the bar associations are waging. A battle against these "online attitudes." And the trouble that I see, which goes back to the beginning, is that they don't really understand how it all connects and why transparency makes sense, and that just like everything else, the legal profession can (and should) change.\n
- So, we talked about duties to the court, and we also touched on duties you have to clients (confidentiality). Let’s talk about other duties that an attorney has. Duties to prospective clients.\n
- WebMD, everybody has heard of this, right? When you have something wrong with you, what do you do? You google it, or you go to webMD to figure it out. Can this work with the law? Does anyone know of anyone doing this?\n
- LawGuru is an example of one of these sites.\n
- Here is one site doing this the most effectively. They have some things they do as a precaution: (i) questions are asked anonymously; (ii) visitors are told to not reveal confidential information; (iii) disclaimers, etc. However, lots of attorneys get cold feet about working on these sites. They feel like they have potential clients run amuck here, and are what are their obligations to these potential clients?\n
- FTC does not regulate lawyer marketing. But they are chiming in, and are against the bar associations. They filed a brief in our case. One thing they really like are these Q&A / legal matching sites. Lawyers and bar associations hate them because: (i) they think its an ethical minefield; and (ii) it’s competition; and (iii) it gives users the ability to do more pro se; and (iv) a lot of the matching sites are non-lawyers.\n
- More duties. Impartiality and Decorum.\n
- Here is my facebook friend Herbert Cade. I have cases before him in his court. Am I committing an ethical violation by friending him?\n
- One thing I hate about legal ethics is that it is really not “ethics” at all. It’s just rules, and we have to stop taking them so seriously. Supporting my contention that they are “rules” and not “ethics” is how so many people can disagree with them. \n
- There is a link I’ve provided on Delicious about Georgia bar just being confused :)\n\nCan give money.\n
- Jurors tweeting at trials\n
- Lawyers tweeting at trial. What if it’s about the trial. What if it’s a judge who follows them?\n
- Here are some duties that lawyers have just to the general public / third parties. Care to think of how this may be problematic with social media?\n
- \n
- \n
- Advertising!!! I love this part. This is a very relevant component of this discussion, because advertising is very much integrated with all the other things we discussed. As I’ll mention later, twitter, facebook, avvo, jdsupra, websites, google searches, etc - are all, in some way or another, advertising....\n
- Back in the day there wasn’t any advertising. But now, lawyers have a constitutionally protected right to advertise. It can be regulated, however.\n
- \n
- \n
- \n
- \n
- Here is an outline of the general traditional ABA model rules. Most states maintain these rules. LA rules are close to this.\n
- They were really built with this in mind.\n
- Not this.\n
- So, with all these series of tubes getting filled up with material....the powers that be needed to regulate the Internets, and this is what they came up with in Louisiana. It was pretty much a duplicate of what was proposed in NY and FL. \n\nThis is very, very broad. It covers a lot. What if you mention your services on FB, twitter, on a blog, in avvo, etc. etc.\n\nProblem is that if it fell w/in this definition, it was STRICTLY regulated. You may say, so what, meet the regulations. But it’s just not fair if your speech is regulated when constitutionally, it shouldn’t be - right?\n\nMore troublesome though was that everything that fell w/in this category needed to be sent to the bar (before or simultaneous to publication), along with a $200 fee, for approval. Go figure that.\n
- Here is the good news.\n\n#1) We beat the LA regulation\n#2) FL and NY also lost out on these, or pulled it after our case\n#3) The ABA weighed in and said this.\n\nHere is the bad news: the regulators are back at the drawing board notwithstanding...\n
- Florida is really leading the country in passing aggressive regulations to classify attorney online behavior as "advertising." Their efforts have been met with legal challenges, and that has changed the course of the rules.\nInitially, all rule proposals were rejected by Florida courts. However, right now, it appears that Florida will be moving forward with some sort of regulation that treats websites like all other advertising materials, requires websites be "filed," and - this is really weird - users would be required to click through a disclaimer page.\n
- Here is someone who requires disclaimers.\n
- Here is someone else.\n\nReally? Lawyers, liquor and porn? Come on Man.\n
- What is Advertising? Ask class to define it.\n
- This is a really, really, really big problem.\n\nBack in the day, figuring out what advertising was used to be really easy. You paid for it, it went in a magazine or newspaper, you bought “ads.” \n\nToday, advertising is a very funny thing. Blogs, participating on social media sites, are all advertisements. let’s look at traditional advertising first...\n
- Google is the biggest example we have of traditional advertising online. You pay for an ad, you get an ad displayed.\n
- Looks like this. It’s an ad. This can be regulated the same as offline advertisements, right?\n\nThat is what LA thought, and that’s why they grouped them together. So, they wanted us to send them a copy of our online ads, pay a $200 fee, get it pre-approved, etc.\n\nBut they didn’t realize, even this type of advertising is drastically different than offline advertising.\n
- Here’s why. YOu don’t do this with a newspaper ad or tv ad. You make one, or a few, and that’s it. But web advertising experience is different.\n
- Plus, you don’t have much room. Advertisements require all these disclaimers. If you notice on TV attorneys must also indicate the name of the lawyer responsible for the ad and location of the practice. Where would I put this. Should I give up 25% - 50% - 75% of the ad space for this? Does that make sense?\n
- But let’s get back to the more difficult question - which is defining what advertising is anyway. \n\nWebsites first launched = business card online.\nNow = websites are much more, they are interactive, they are tailored to the visitor, they engage a community of visitors....\n
- Now we have what is called Content Marketing. And I love me some content marketing. It all goes back to WebMD. Here are the rules:\n \n- People who have legal problem will go online to find answers\n- You provide the answers\n- You are considered a “thought leader” or “Expert” b/c you’re providing the answer\n- Client calls you\n
- Here is an example. Want to know how to file a mechanics lien. Search for it, my article comes up, you click it, you say, this Scott Wolfe guy is sharp, I’m going to call him. \n\nThis one is done through Avvo.com. However, we do it online through our blogs as well. And in fact, we use our blogs as a bullhorn for our expertise.\n
- We are constantly writing on our blogs about construction law issues. We write and write and write and write. When people are searching for these issues, they find us, they consider us the expert / thought leader....\n\nReally, ask yourself. How different is this from the advertising that went on before “Bates v. State of Arizona.”\n\n\n
- This is what people used to do to make themselves “thought leaders” and experts. They would write these west law books (yawn) and they would give presentations and present at trade events, cles, etc. They would make themselves have the reputation for something....\n\nAnd really, that’s all - in a sense - that blogs do, JD Supra, Facebook, etc. If you use this right, you make yourself a thought leader.\n
- So, blogs can make you a thought leader, sort of like pre-advertising advertising did. Same experience really....\n\nAnd, second...\n
- Can blogs make you part journalist? As you know, journalism (the press) gets a lot of wiggle room with the constitution.\n
- Hunter claimed he was reporting on his cases. Remember the Bar’s words, that this was not really about confidential information.... “Can newspapers report on criminal trials? Yes, absolutely they can. Can (Hunter) then go back and report on his own cases [that are in public domain]. No, absolutely not.”\n\nHmmm....\n\n
- Look at this article.\n
- Look at my blog talking about this article\n
- Can blogs be part political? Political speech, as you know, is very protected speech.\n
- Take a look at this. This is about a pending bill.\n\n(Note also, its on a friend’s blog in Virginia. Think: Multi-jurisdiction)\n
- And, then we have what is called Social Media Marketing. \n\nThere is even a Wikipedia page for this. So it’s real.\n
- WLG’s facebook page. Talking about what we do, sharing with our followers and friends....\n
- Talking about what we do, sharing and communicating with fellow construction attorneys and people in the industry. Making myself a thought leader, a journalist and a political commentator....all on twitter in 140 characters or less...\n
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- Well, it’s part about the money. At the end of the day, we have a money interest. It’s done in the way it’s done...to position our firm.\n\nBut, we are also passionate about what we do. I don’t do construction law just to make money, I am not a lawyer just to make money. I am passionate - at least to some degree - about my chosen profession. So, I comment on the political issues that affect my industry. I disseminate the news that affects my clients, my industry.\n\nThat makes me an expert. It makes me a thought leader. It also, I think, borders on making me a journalist and a political commentator...which is hard to regulate. And bar associations are having a very difficult time getting their finger on what exactly constitutes commercial speech.\n
- Which brings us back here....where we have stuff that is close to non-commercial speech, and stuff that is non-invasive.\n
- Okay, here are some more thoughts....\n\nRatings. You know how much bar rules hate testimonials. But, man, testimonials are everywhere. They are on sites like Avvo. The \n
- This is what the SC Bar says. They say lawyers are responsible for the sites they engage with. SC Bar says no testimonials. So if they are on AVvo, and a client adds a testimonial, they need to unaffiliated? It’s really unclear how they plan to police this....\n\nBecause we’re living in a testimonial world, and lawyers are becoming testimonial girls.\n
- These sites all have it. “Reviews” are running the way we now choose restaurants, vacations, products....and professionals. \n\nBar associations may be able to stop lawyers from posting reviews, but how do they stop lawyer clients from posting?\n
- Example. Can’t get this down. South Carolina?\n
- And a final note...it’s really hard to control where your content is delivered these days. Once you post something, it can go in all kinds of places, on all kinds of sites, in all types of contexts because of the ability to share data.\n
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