American Bar Association

Published on: August 6, 2012

Buchdahl Receives ABA Presidential Appointment to Standing Committee on Continuing Legal Education

Micah Buchdahl is honored to have been appointed by incoming ABA President Laurel Bellows to the Standing Committee on Continuing Legal Education. The committee is chaired by Vince Polley. The Director of the ABA Center for Professional Development is Jill Eckert McCall.

The ABA Center for Professional Development (formerly Center for CLE) is guided by this committee, working closely with experts from the ABA Sections and other entities and from the profession at large in developing programs and products. It serves as the central resource for the ABA and the profession for up-to-the-minute, quality CLE distributed through a variety of convenient formats.

Micah’s experience with educational programming inside and outside of the ABA makes him well suited to serve in this capacity. As a former section officer (a past chair of the Law Practice Management Section), he has been involved in decision-making discussions of the ABA’s CLE arm for many years. In LPM, he served as the education board chair (many years ago, where his ABA staff liaison on CLE was Ms. McCall). In LPM, he also helped create and develop the organization’s first standalone ABA Law Marketing Strategies Conference. He has been a faculty member, teaching ethics, for the Pennsylvania Bar Institute for over a decade, and frequently teaches CLEs internally at law firms, as well as through every “delivery mechanism” possible for CLE. For the ABA Center for Professional Development, he has been both a program chair and speaker. Of course, as an ABA member, he has also been a client–taking advantage of many of the member benefits regarding CLE programming. Outside of professional development programming in law firms, Micah does not participate in for-profit CLEs, limiting his teaching time to professional organizations such as the ABA, PBI and state bars.

Published on: July 26, 2012

Yes Virginia, A Law Firm Blog is Advertising

by Micah Buchdahl

In April, I organized a CLE teleconference for the ABA Center for Professional Development entitled, “Is Your Legal Blog Compliant? Ethical Considerations in the Wake of Hunter v. Virginia State Bar“. The roundtable featured me, Virginia legal ethics legend Tom Spahn of McGuireWoods, big-time blogging employment lawyer Molly DiBianca of Young Conaway, and the man himself–Horace Hunter of Hunter Lipton. While the case, and the discussion, touched upon a number of legal ethics issues, the one that I personally paid the most attention to was the ongoing debate as to whether a lawyer blog constitutes advertising (thus, marketing) under the Rules of Professional Conduct.

As many of you know, as a marketing ethics guy, I’ve argued for years that a blog constitutes advertising, in the same way that any other web site would. The marketing part of me would love to agree with those that claim a blog is an editorial vehicle of sorts, and not necessarily promotional in nature. Hint: If a blog was not a marketing vehicle, I would not be writing this post! However, Micah the Ethics Lawyer will argue vehemently that a blog is unquestionably a form of marketing. You simply can’t start evaluating every online presence–a web site, a blog, a microsite, a Facebook profile, a tweet–to determine “on a case by case basis” if the content is marketing or not. If you’ve read hundreds of ethics opinions, disciplinary letters to firms, state by state versions of the model rules, you know that most state bars are simply incapable of effectively and accurately making those distinctions.

Recently, a three judge panel reaffirmed what I believed. The blog is advertising. Thus, an appropriate disclaimer was necessary on the web site. Mr. Hunter did prevail on the charge that probably was more serious in nature (for him) on whether client confidences were violated in the posts themselves. But in this case, Virginia has spoken–a blog is a web site and requires disclaimer language in step with what you would include on any other similar advertising component. Of course, this interpretation is limited to a single state. But everyone was watching to see this outcome, as a lawyer pushed the envelope and challenged the bar. According to Horace Hunter, though, he will appeal…and this story is not yet over.

Published on: July 23, 2012

Print Makes A Comeback! Wait…Did YOU just say print makes a comeback?

by Micah Buchdahl

A law firm marketer from an AMLAW 200 firm called me after reading my marketing column for Law Practice, the ABA Law Practice Management Section‘s bi-monthly print publication. In the July/August 2012 issue, I discuss the revival of hard copies. “You, the Internet Marketing Attorney, wrote about going back to print?” Yeah, I said, but it is true. And he said, “yes it is.”

Like it or not, lawyers are screaming for print stuff. And I’ve found they are not in the wrong. Much like a handwritten thank you note stands out so much more in an e-mail world; strong “handouts” are also standing out as well. We can talk from now until the end of time about electronic this and that, but the truth is that the biggest deals still come through most doors the old fashioned way–in-person communication, networking and meetings. In a world where many large firms are using the same digital proposal systems, a carefully and cleverly crafted print piece (you can still use a computer, feather pen and ink are not required, nor is carbon paper), will go a long way. So, the next time you (the attorney) or you (the marketing team) find yourself racing to put together a hard copy print piece, think of me. The concept won’t sound so ridiculous.

Published on: September 12, 2011

ABA Journal Essay Submission – What can large law firms do to better the profession?

by Micah Buchdahl

This was my submission for the 2011 ABA Journal Ross Essay Contest. The theme revolved around what “big law” can do to positively impact the practice of law.

On a daily basis, there are success stories in regard to client representation by solo practitioners, boutique and midsize law firms. At the same time, perusal of the Wall Street Journal or New York Times serve as reminders that most “bet the farm” situations still fall in the laps of the nation’s largest law firms.

As an attorney, I have had the opportunity to work with and interact with the “large law firm” from numerous vantage points. I’ve been the “client” as an in-house attorney. I’ve had the opportunity to watch colleagues as an adviser to friends and family. In recent years, I have worked with large law firms on business models and strategies. All of those experiences color my belief that they are uniquely positioned to have the greatest positively changing the practice of law.