Ethics & Malpractice Issues
The NY City Bar’s Holiday Gift to Big Law and Legal Marketers: LinkedIn Spam Isn’t Lawyer Advertising
Unlike solos and smalls who live under the microscope when it comes to ethics regulation for advertising, big law attorneys had no such problems. After all, until ten or fifteen years ago, most big law attorneys didn’t do much more than list in a lawyer directory like Martindale Hubbell or post a bio on…
Read More21st Century Ethics Q&A: Can You Bill Clients for A Virtual Receptionist?
From Lawyerist Lab, a commenter asks whether he can charge clients for costs associated with an outsourced answering service – in his case, Ruby Receptionists. The answer – probably not.
Read MoreLawyers Can Use Competitors’ Names to Advertise…But Should They?
If you’re looking to steal a rival law firm’s Google Thunder, the coast is clear (except in North Carolina) opines Professor Eric Goldman in a soon-to-be-published SSRN article, Regulation of Lawyers’ Use of Competitive Keyword Advertising. Goldman explains that use of a competitor’s name as a keyword violates neither publicity rights nor trademark law, noting…
Read MoreEthics Is Only 1/5 of What Lawyers Need to Know For A Digital & Dynamic Practice
Like law, the energy and utility industry where I spend my days has traditionally been heavily regulated. What that means is that rules for participants or relief for consumers come by way of regulatory commissions rather than statute or contract. But that model changed when utilities dipped their toes into social media where as this…
Read MoreDetermination of A Bonafide NY Office Requirement Is Next Step To Its Demise
The New York Journal reports on a recent Court of Appeals ruling interpreting NY Judiciary Law §470 as requiring attorneys who are not residents of New York to maintain a physical office in the space to practice. That physical office requirement means a real space – not a kitchen table or a corner in Starbucks.…
Read MoreStop the Madness: How The NYCLA’s Ethics Opinion on LinkedIn Forces Lawyers To Act Deceptively And Violate Linked In’s User Agreement.
Deceive – to mislead by a false appearance or statement By now, in 2015, most of the general public over the age of 21 have been using Google, Facebook and LinkedIn for nearly a decade. During that time, they’ve acclimated to the culture of each of these online universes, and grown as adept in distinguishing…
Read MoreDoes An Ethics Rule Requiring Technologic Competence Mean Much?
Do as we say, not as we do. That’s the message that the regulators send, as they fall in lock step behind the ABA in adopting the ABA Model Code’s rule requiring lawyers to keep abreast of the benefits and risks of technology, as reported by Bob Ambrogi at Law Sites. According to Bob, thirteen…
Read MoreAsk An Ethics Question: Gift Cards
Updated – 1/30/2015 A few days ago, a question appeared on the Solosez Listserve, inquiring whether a promotional strategy – whereby individuals referred to a firm by an existing client would be entered into a drawing for a gift card upon coming in for a free consultation – passed ethical muster. Happily, everyone who responded…
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