ethics

Published on: January 14, 2025

ABA Law Practice Today — For PA Lawyers, Remember Sexting is Sex; Texting can be Improper Solicitation

Texting In once again serving as the issue editor for the Ethics-themed December 2024 edition of the American Bar Association’s Law Practice Today webzine, I contributed an article addressing recent changes to the Rules of Professional Conduct in Pennsylvania, and related ethics opinions, addressing texting in two different ways—ways where texting can be improper solicitation, and a whole different definition of “solicitation”—as it relates to sexting. In the article headline I submitted, “For PA Lawyers, Remember Sexting is Sex; Texting can be Improper Solicitation,” I may or may not have made it more salacious to increase readership and interest (i.e. click bait). But our copy editors did edit my title to the official “Can Texting Be Improper Solicitation?”

Many thanks to the authors contributing excellent articles to the Ethics issue. Michele Carney wrote on Formal Opinion 512 and The Reasonableness of Fees When Using AI. Dave Ries once again tackled a cybersecurity ethics issue with Ethically Avoiding Fraud and Scams. Law Practice Division chair-elect Dan Siegel authored Generative AI Competence. And Charity Anastasio wrote on Lesser Known but Wildly Helpful Ethics Rules. All of us—myself, Dave, Dan, Michele and Charity—are active members of the ABA LP Ethics & Professionalism Committee.

If you are blocked from reading the article behind the ABA paywall, it is provided below in its entirety.

Published on: August 17, 2018

ALI CLE — Building a Better Business Network: Getting More Out of Contacts, Connections, and Clients – Live Webcast, September 7th

by Micah Buchdahl

ALI-300x108 While the calendar year might not turn for another four months, the new “bar year” is here. Of course, for some of us, the New Year is now—with Rosh Hashanah falling days after my upcoming ALI webcast. It is a time of reflection and planning, and also atonement for the one or two sins that I may have somehow committed in the past year. This is a good time for evaluating your current business development efforts and determining which you’d like to continue or change in the coming year. Regardless of personal philosophy, your network is the centerpiece of business development. Many firms will now be asking you to figure out your BD plan for 2019, including budget requests. This is also one of the primary times of the year when lawyers put a little more effort into “non-billable” activity and involvement. I always say that the key periods are post-Labor Day until Thanksgiving; and again from post-New Year’s Day (the January 1^st edition) until Memorial Day. We work most of our magic in those two sweet spots on the calendar.

REGISTER NOW: Building a Better Business Network: Getting More Out of Contacts, Connections, and Clients

Join me for this live ALI webcast on Friday, September 7, 2018, from 1:00 – 2:00 p.m. Eastern. In one hour, pick up a CLE ethics credit and learn about the best ways to build your network within the ethical boundaries that we all follow in our respective states’ Rules of Professional Conduct. We’ll also go through the recent changes to the ABA Model Rules as they relate to marketing, advertising and solicitation in 7.1-7.5, just approved by the House of Delegate in August during the ABA Annual Meeting.

Published on: April 22, 2014

LinkedOut and MisTweeted: Ethical Uses of Social Networking in Marketing Your Law Practice

by Micah Buchdahl

It is hard to believe that I’ve been teaching the “advertising/marketing” ethics hour for the Pennsylvania Bar Institute for more than a decade now. But what makes it particularly interesting is that my space (pun intended, if you get it) keeps changing with such rapid fire imprecision that it really never gets old. This year I return to the theme of social networking ethics. I could say I’m repeating my program from 2010, but very little is the same. I looked back into my PowerPoint slides to find my first discussion of advertising and social media taking place in 2003. This makes me sound and feel ancient.

As usual, I will be presenting this PBI program live in Pittsburgh and Philadelphia in April, August and December of 2014. My April programs take place on the 24th in Pittsburgh and 29th in Philadelphia–from 11:30 am-12:30 pm. For more information and registration, visit PBI.

Course Description:

Published on: July 22, 2013

WMT: Law Blogs – Free Speech or Marketing? Hunter v. Virginia Bar Concludes

by Micah Buchdahl

It seems like I’ve been writing and speaking on Hunter v. Virginia State Bar for years! And that is because I have. But, alas, now it has come to a close with the United States Supreme Court once again deciding not to hear a case regarding attorney advertising regulation. One of these days, though!

With “cert. denied” just last month, I thought it was a good time to review the case in my monthly Web Marketing Today piece. I found the case fascinating on a number of fronts. There were components in which I found myself agreeing in part with both sides. While I did not always agree with Horace Hunter, I found his no-holds-barred desire to stand on principle–despite enormous time and cost–valiant. He believed that he had a right to free speech, and he also felt that the Bar was picking on the little guy. As I note in the piece, most attorneys and law firms would have simply capitulated to the original correspondence from the state bar. Not here. Hunter never backed down and openly spoke about the matter through years of litigation. You can argue that both sides won something.

On the flip side, I did agree with the Virginia Bar in viewing the blog through the lens of advertising regulations, simply because I did not think this particular state’s rules really hampered Hunter’s blog and content. In some states, I might not feel as strongly toward that point of view. But the reality is that state bars are simply not equipped to start parsing the gray areas that exist in today’s world of Internet communication–changing rapidly. Way too rapidly for the Rules of Professional Conduct to keep pace with the nuances.