Articles Tagged with “Ethics CLE”

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PBIIn the 15+ years where I’ve taught the marketing & advertising ethics CLE hour of Ethics Potpourri, this years’ program has elicited some of the most fascinating exchanges from the audience. I teach this hour live in Philadelphia and Pittsburgh every April, August and December. The coming weeks include the live presentation in Pittsburgh on August 25th and Philadelphia on August 30th. For directions and registration information, visit PBI. If you missed the program in April and can’t make August, the December dates will be here before you know it.

The deadly Amtrak train crash in Pennsylvania last May (2015) serves as the backdrop for a program that examines whether today’s ethics rules regarding solicitation and advertising are still effective in protecting victims and their families?  For an attorney who believes in the reasoning and philosophy of the Rules of Professional Conduct, does waiting out a 30 day moratorium on contact mean you’ve lost out on the lucrative race for clients? The program examines related court cases, ethics opinions and the RPC as they tie into various forms of business development for plaintiff’s attorneys that are seeking clients in a highly competitive marketplace. Some of the concepts might disgust you—but they are kosher. Some might remind you that today’s society, spurred on by a different news cycle, social media and a more cutthroat landscape means changing the way you do business, and get business.

The program flows from a column I wrote for the ABA’s Law Practice Magazine in late 2015, Content Marketing is Outpacing the Ethics Rules. That column also elicited many e-mails from colleagues on the somewhat controversial subject matter. As I witnessed the aftermath of the deadly crash at home in Philadelphia, I watched the way attorneys used newspaper articles, press conferences, e-mail, social media, press releases and other semi- or non-“advertising” means to promote themselves and position their law firms for prospective clients. It reminded me that so many of the ethics rule in place today to protect the client are simply outdated or ineffective. Judge for yourself.

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PBI.pngIf it is August (another Pennsylvania bar CLE compliance month), then it must be time for another round of ethics CLEs for the PA Bar Institute (PBI). This month, besides my usual PBI ethics potpourri program hour (presented every April, August and December), you can catch me at the Jersey shore too, reprising “Linkedout and Mistweeted – Ethical Uses of Social Networking in Marketing Your Law Practice,” a hit program from 2014 (updated!).

Law Marketing and Ethics 2015 Update: Balancing Smart Business Development, Adhering to the Rules,” will be presented in Mechanicsburg on August 20th, Pittsburgh on August 25th and Philadelphia on August 27th. In the 38 years since Bates v. Arizona, law firm marketing has grown from whether or not to advertise to committing significant resources toward business development. The trick is to do so in an effective, dignified and ethical fashion. In this newly updated one-hour ethics program, learn about the rules, regulations and ethics opinions that require the greatest attention, how to improve your marketing efforts without missteps, and discuss real-life examples and intriguing hypotheticals in this fast-paced, entertaining course.

When PBI asked if I could reprise Linkedout and Mistweeted as part of the CLE Down the Shore program in Atlantic City on August 14th, I said sure. After all, how much could I really lose at the blackjack and craps tables before and after my session at the Golden Nugget Hotel? The answer, of course, is plenty. At least my room and meal are comped. However, “reprise” is a bit misleading–as my slide deck from December 2014 is already quite outdated. Social media issues continue to be prevalent. The program has been updated through July 2015 to include recent ethics opinions and rule changes impacted by the use of social media for lawyer marketing purposes. What are the implications of LinkedIn’s recommendations, endorsements and specialization components? How have state bars addressed these issues? You’ll learn the how-to, how-not-to and the latest lessons in social networking participation.

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specialties.jpgIf you’ve attended any of my Internet marketing ethics CLEs since I started teaching them in the late 90s, you know I said this was coming. Remember when my prime example of social media was a MySpace profile? Yeah, things have changed a bit. But concern about the content in unforeseen online content has always been something I examine in writing and reviewing law firm marketing efforts.

On June 26, 2013, the New York State Bar Association Committee on Professional Ethics issued Opinion 972, which in a nutshell says that “a Law firm may not list its services under heading of “Specialties” on a social media site, and lawyer may not do so unless certified as a specialist by an appropriate organization or governmental authority.” The opinion cites adherence to RPC rule 7.4.

In most cases and most states, I’ve discouraged attorneys from utilizing the “specialties” category for some time. In some cases, I suggest doing so with an added disclaimer pointing to the RPC. However, this is the first ethics opinion I’m aware of that really addresses the particular issue head on.

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aba_yld_logo.jpgIf you are attending the upcoming ABA Annual Meeting in San Francisco, California, you are welcome to attend this complimentary continuing legal education program being put on by the ABA Young Lawyers Division, at the Palace Hotel (Presidio, Second Floor) on Friday, August 9, 2013 from 11 am-noon PT. For more information, click here, or contact me directly for more information.

Moderated by Amy Drushal, a partner at Trenam Kemker in Tampa, Florida, I will offer tips and strategies alongside panelist Walter Karnstein, in-house counsel at Hewlett-Packard, who will provide the all-important corporate counsel perspective.

ETHICS CLE PROGRAM: Building a Book of Business: Ethical Boundaries and Sound Approaches to Business Development & Marketing