Articles Posted in Legal Ethics

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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.

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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.

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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.

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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.

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