Legal Ethics

Published on: July 26, 2012

Yes Virginia, A Law Firm Blog is Advertising

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: February 13, 2010

Friday, Februry 19, 2010–CLE with the Sixers: Lawyer Online Marketing Ethics – Dos and Don’ts of Advertising Your Law Practice in a Web 2.0 World

by Micah Buchdahl

What better place to repeat the ever-popular “online marketing ethics” course for lawyers than in my old stomping grounds, before a Sixers game at the Wachovia Center…where I was an in-house attorney back in the day.

This new PBI program includes an hour of ethics CLE and a Sixers game against the San Antonia Spurs. To learn more or to register, visit the PBI Site.

The possible tools are endless – web sites, blogs, LinkedIn, Facebook, search engine optimization, referral resources, e-mail, etc. – and so are the ethics opinions, rules and interpretations of state bars coast-to-coast. Thinking about the states where you are licensed, where you have offices and where you seek clients…and staying compliant is enough to make your hard drive crash. This one hour program will examine the tools and the rules, so you can go out and use the business development opportunities on the Internet without running astray of the Rules of Professional Responsibility.

Published on: September 8, 2009

NLJ Op-Ed Piece Addresses Lawyer Advertising Rules

by Micah Buchdahl

OPINION Archaic rules hobble attorneys Businesspeople and consumers would laugh at advertising limits on lawyers.

Micah U. Buchdahl

September 7, 2009

Published on: February 19, 2009

Top Docs Battle over Rankings; Are Lawyers Next?

by Micah Buchdahl

Who would have thought the docs would beat the lawyers to the courtroom? Well, in Camden County Superior Court in New Jersey, two hospital behemoths – Virtua Health and Cooper Health System – are battling over the use of local rankings and ratings in advertising and promotion.

The argument goes to the heart of many similar debates in the law world over rankings and ratings, methodologies and research. In this case (which happens to be in my backyard…and I have no idea if my doctors are on any of these lists and could care less). Just the “local” versions include four magazines that have taken advantage of the popularity of publishing lists and generating advertising.

Read the article and ask yourself if these arguments sound familiar?

Published on: February 1, 2007

Comply or DIE! New New York Lawyer Advertising Rules Take Effect Today…February 1, 2007

by Micah Buchdahl

Just kidding about the “death” reference. The much-talked about changes to the attorney advertising rules in New York take effect today. And in the end, New York proved no better (or worse) than the majority of state bars in creating different standards for what is and is not kosher.

Don’t believe what you read

Outside of what you read here. In perusing dozens of articles and blog posts, I read dozens of inaccuracies and inaccurate quotes (a lot of those interviewed misspoke about what the rules were all about). One article quoted a legal marketer that said these rules effected few attorneys in New York (do you know anything about law firm business development?). An attorney cited that NY was at the forefront of these advertising ethics issues (you are not). And I read lots of quotes from non-lawyer marketers that have no say or influence in these decisions. Attorneys that make up the state bar decide what attorneys are going to do.

Published on: July 26, 2006

Super Lawyer’s Kryptonite — NJ Ethics Opinion

by Micah Buchdahl

In a summer where Superman Returns, it is Super Lawyer getting hit by kryptonite, thanks to the recent ethics opinion from my resident state of New Jersey.

As many of my readers know, I speak at law firms on a weekly basis regarding marketing ethics (usually as in-house CLEs and at retreats). This morning, I was greeted with e-mails and phone calls from about 30 of those firms seeking advice on how this affects them. Especially here in the Northeast, where many New York and Pennsylvania firms have a NJ office.

My general rule of thumb is that firms abide by the strictest state in which they have an office. In many cases, that state is Florida. New Jersey is not far behind. In Iowa, I just say to stop marketing.

Published on: November 9, 2004

Florida Pit Bull Case “Discussed” in Gorilla Marketing Article

by Micah Buchdahl

I’ve studied Florida’s Pit Bull case for a number of years, and just prior to its recent court victory over the state bar, authored a piece about the ethics of animals in law firm marketing for ALM’s Small Firm Business. Read the ARTICLE at Internethttps://www.marketingattorney.com.

Published on: October 1, 2004

Pennsylvania “Ethics 2000” Adoption Takes Effect January 1

by Micah Buchdahl

Pennsylvania’s adoption of the ABA Model Rules Ethics 2000 initiative will take effect January 1, 2005. Changes to those tricky 7.– rules regarding advertising and marketing, as well as solicitation are included. Contact the Marketing Attorney if you wish to obtain an article reviewing the changes, as they effect business development. The new rules are available to the public at the PA Bar web site.