Proposed Opinion 12-0006 is issued now as Formal Opinion 2016-196. Please see here: http://www.technethics.com…. In the proposed Opinion 12-0006, the California Standing Committee on Professional Responsibility opined on “under what circumstances is “blogging” by an attorney subject to the requirements and restrictions of the Rules of Professional Conduct and related provisions of the State Bar […]
Author warns New York lawyers using social media that: – attorney advertising and solicitation rules apply to social media posts; – attorneys must beware of “pre-defined” headings used in social media networking sites. The full text is available at: http://www.forbes…
In Re Reines, 2014 U.S. App. LEXIS 21107 (Fed. Cir.Nov. 5, 2014) On November 5, 2014, the US Court of Appeals publicly reprimanded a California lawyer for disseminating to clients and prospective clients an email he received from a Judge. The lawyer received a private e-mail from a Chief Judge. This is an extract of […]
Committee on Professional Ethics Topic: Responding to a former client’s critical commentary on a website Digest of the Committee: “A lawyer may not disclose confidential client information solely to respond to a former client’s criticism of the lawyer posted on a lawyer-rating website.” New York Rules of Professional Conduct: 1.6(a); 1.6(b); 1.9(c) The full […]
In the matter of Svitlana E. Sangray, Case Ns. 13-O-13838-DFM A California lawyer kept a website featuring a large number of “publicity” photos showing herself and several celebrities. Many of these pictures were not genuine: the attorney had created them by taking original celebrity photos and overlaying her own image. According to the court these […]
This August, the Canadian Bar Association has issued a report titled “Futures: Transforming The Delivery Of Legal Services In Canada.” Starting from the concept that “globalization, technology, and market liberalization” are changing the environment in which lawyers work and that lawyers must be responsive to the changed needs of their clientele, the Canadian Bar Association […]
Committee on Professional Ethics Topic: Solicitation, client recommendation Digest of the Committee: “Lawyer may contact prospective client recommended by current client when prospective client has made known that lawyer should contact the prospective client and the lawyer did not make any payment or give any other consideration to the current client for the recommendation.” Rules: […]
Committee on Professional Ethics Topic: Advertising; solicitation; press releases and tweets regarding shareholder litigation Digest of the Committee: “Press releases and tweets directed to potential clients in shareholder suits constitute advertising and solicitation. They are thus subject to retention requirements, and, if directed to New York recipients, are also subject to filing requirements. The tweets […]
Under Wisconsin law use of a person’s name for advertising purposes without the person’s consent violates the right of privacy. In Rottier, v. Cannon, 828 N.W.2d 876 (WI Ct. App. 2013), rev. denied, 839 N.W.2d 616 (2013), the defendant law firm purchased the names of the plaintiffs from Google, Yahoo!, and Bing. Whenever a searcher entered the names […]
In Re Anonymous, No. 45S00-1301-DI-33 (IND, April 11, 2014) On April 11, 2014 the Indiana Supreme Court concluded that an Indiana attorney (whose name was not disclosed – “Anonymous”) should be privately reprimanded because of his affiliation with a referral website (“Law Tigers”) that posted testimonials and distributed promotional material that did not contain an […]