When it comes to social media, many bar disciplinary bodies have expressed reservations about testimonials. Some states permit lawyers to post testimonials on their websites only with prominent disclaimers, while others impose a duty on lawyers to monitor third-party sites like Avvo or LinkedIn where testimonials might crop up.
Though testimonials can potentially be deceptive…
If you thought that aggressive enforcement of copyright was only for the RIAA, think again. The ABA is just as intent about enforcing copyright interests in its ethics opinions. But whether you agree with the RIAA’s tactics or not, at least its copyright enforcement activity is intended to protect RIAA’s constituents; artists, musicians and…
By now, you may have heard via Simple Justice or Legal Ethics Forum about the news accounts of the public defender who lost her job after posting a photo of her client’s leopard-print briefs on her Facebook page along with a caption suggesting that the underwear was the client’s family’s idea of proper court attire. …
I’m fast learning that lawyers’ can’t just act as advocates in defending rights or effecting change in the law; sometimes, we’ve got to play the role of litigant. As I’ve posted previously, I’m defending the First Amendment not as an attorney but as a defendant and client. And now, I’m an amicus along with…
Ever since Australia, and now the UK have opened the gates to non-lawyer membership of law firms, the question has been percolating here in the US about whether, and when it can happen here. Currently, the DC Bar, where I practice permits a limited degree of non-lawyer ownership, most likely to accommodate partnerships between law…
Eric Turkewitz said it first, years ago, and still, no one’s listening.
Most recently, a fairly new South Carolina attorney disobeyed the legal profession’s equivalent of the law of gravity, outsourcing marketing = outsourcing ethics. And just as ignoring the gravity or pretending that it doesn’t exist will send anyone but a fantasy character…
Lawyers are obligated to abide by ethics rules at all times – and thanks to the New York State Bar Association , fulfilling that obligation is easier than it’s ever been with a new mobile app that’s available for the iPhone, Android and Blackberry. As a New York licensed lawyer myself, I’ve already downloaded the…
Below is my final set of comments on the ABA Commission on Ethics 20/20’s proposals. My comments address the Commission’s proposal to subject lawyers to the same level of supervisory oversight for passive cloud services as for human, non-legal service providers. For reasons discussed in this post, I strongly oppose any additional requirements which…
As lawyers, we’re bound to abide by applicable statutes and precedent — yet most lawyers refuse to heed the law of unintended consequences. That’s the error committed by the ABA Commission on Ethics 20/20 with its most recent changes lto ABA Model Rule 5.3, Responsibilities Regarding Non Lawyer Assistance. In its zeal to frustrate lawyers’…
As the saying goes, bad facts make bad law. And there’s going to be some very bad law for lawyer blogs indeed if Virginia small firm lawyer Horace Hunter loses his First Amendment challenge to the Virginia Bar’s attempt to require the firm to include certain disclaimers on its blog.
Don’t get me wrong –…
