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Ethics & Malpractice Issues

Why State Bar Regulation of For-Fee Referral Services Is A Very, VERY Bad Idea

Last week, the Illinois Attorney Registration and Disciplinary Commission (IARDC) issued a report that recommends allowing attorneys to participate in for-profit referral and matching services, and seeks public comment on a proposed framework for regulating for-profit referral companies and participating attorneys.  The IARDC’s approach has been hailed as a favorable development by some, and for sure,…

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Legal Ethics Are the Least of Lawyers’ Problems When Doing Business Online

Ethics Lawyer Conduct Online

In a digital world, legal ethics are no longer the center of the universe. Today, lawyers who advertise or engage in business online are subject to four distinct pillars of governance. First, there’s the law of the online world. That includes the  Federal Trade Commission Act  enforced by the FTC to prevent deceptive trade practices  and…

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How Many Lawyers Bought Followers from Sites Like Devumi?

Turns out that social media is far from the madding crowd  that it’s cracked up to be. A study last year found that 48 million Twitter accounts and 60 may be bots run by computers, while Facebooks own disclosures pegged its number of phony accounts at a whopping 270 million . Most of those fake accounts…

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Are Solos Still Being Told Not to Use Social Media?

The above insert comes from a recent “Practice Insight” from my malpractice insurer, CNA.  Though I’ve been a satisfied CNA customer for 16 years (I moved to CNA post- 9/11 when the D.C. Bar’s “preferred provider” that I’d used for several years prior closed up shop), this advice troubles me: are we still cautioning solos…

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Two Ethics Rules Ripe for Constitutional Challenge: Anyone Want to Take This On?

In Part I of the Post , I blogged about solo Ekaterina Schoenefeld’s nine year battle to have New York’s out-of-state lawyer bonafide office requirement invalidated as unconstitutional.  Schoenefeld’s fight, however, shows the kind of fortitude that’s needed to unroot these 70-year old vestigial statutes and free the legal profession to come into the modern, digital…

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