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Ethics Advisory Committee Topic: May attorneys enter into a co-operative style TV based advertising contract with a for profit, non-lawyer, out-of-state third party advertising company paying a pro-rata share cost? Summary of the Committee  “Advertisements must include the name and office address of a responsible South Carolina attorney and, in order to avoid misleading the […]

Committee on Professional Ethics Topic: Lawyer advertising Digest of the Committee: “A blog written by an attorney, the primary purpose of which is not retention of the attorney, is not an advertisement.” Rules: New York Rules of Professional Conduct 1.0(a) & (c), 7.1(k) The full text is available at http://www.nysba.org…

An attorney plaintiff sued an online legal services provider for, among other things, unfair competition based on the unauthorized practice of law. The attorney alleged loss of revenue and market share, diminution of firm value, and increased advertising costs. The dispute centered around interpretation of California’s unfair competition law. The Court of Appeal of California, Fourth […]

On February 28, 2013, the Supreme Court of Virginia found that a lawyer’s blog can be considered potentially misleading commercial speech – and thus lawyer advertising – and be regulated by the Virginia State Bar. The posts predominately described cases handled by the lawyer himself where he had received a favorable result for his client. […]

South Carolina Lawyer 8 (January 2013) Originally published as Ethics Watch: The Year in Review (2012), South Carolina Lawyer 8 (January 2013) Author reviews the most important developments in technology and ethics around the country in 2012: (i) Advertising – legal information websites; (ii) Advertising – misrepresentation on websites; (iii) Attorney-client relationship – formation and obligations […]

Ethics Advisory Committee Topic: Lawyers’ participation in “Questions and Answers” websites is allowed with some precautions In Ethics Advisory Opinion 12-03, the Ethics Advisory Committee opined whether lawyer may answer legal questions as an “expert” on a topical website for compensation where the website disclaims the attorney-client privilege and cautions users against reliance on the […]

ISBA Professional Conduct Advisory Opinion No. 12-14 Topic: Advertising and Solicitation; Communications with Client, Law Firm Partnership and Employment Agreements; Law Firms Digest of the ISBA: “After departure, an associate who has left a law firm may contact clients of the firm with whom he had an attorney-client relationship. The Rules of Professional Conduct do not […]

Committee on Professional Ethics  Topic: Advertising in internet directory Digest of the Committee: “(a) It is permissible for an attorney to be listed on a local bar association website directory, if the attorney is a member of the association, and the information about the attorney contained in the listing complies with the requirements of Rule […]

Groupon and similar deal-of-the-day websites: is their use ethical for a lawyer? It seems so, according to a recent opinion of the Ethics Advisory Committee, but are the risks worth its while? Groupon is an online company that offers daily deals at local businesses. You can get discounts on manicure service, drinks, local restaurants . […]

Committee on Professional Ethics Topic: Attorney Advertisement; Solicitation of Clients; Profit Sharing Digest of the Committee: A lawyer or law firm may have a non-lawyer marketer who engages in only that advertising and solicitation in which the lawyer or law firm could engage. The lawyer or law firm may have a profit-sharing plan that pays […]