Committee on Professional Ethics – Opinion No. 709
Topic: Use of Internet to advertise and to conduct law practice focusing on trademarks; use of Internet e-mail; use of trade names
Digest of the Committee:
“Attorney may operate and advertise a trademark practice over the Internet, as long as attorney complies with (a) the Code’s obligations to check client conflicts; (b) court rules requiring the posting of a statement of Client’s Rights and Responsibilities; (c) the obligation to preserve client confidences by assuring that use of e-mail is reasonable; and (d) the Code’s advertising rules and perhaps those of other jurisdictions. The attorney may not engage in or advertise a more limited form of trademark business under a trade name if the business constitutes the practice of law.”
Code (opinion issued prior to adoption of current rules): DR 1-102(A), DR 2-101, DR 2-101(B), DR 2-102, DR 2-102(B), DR 2-102(D), DR 2-101(F), DR 2-103(A), DR 2-106, DR 3-101(B), DR 4-101(A), DR 4-101(B), Canon 6, EC 2-10, EC 2-13, EC 3-5, EC 3-9, EC 4-1, EC 8-3
The full text is available at http://www.nysba.org…