Legalethics.com

South Carolina Opinion Permits Use of Groupon to Market Legal Services

3 Jan 2012

The use of “daily deal” websites to sell vouchers to be redeemed for discounted legal services does not violate the Rule 5.4(a) prohibition on sharing of legal fees, but the attorney is cautioned that the use of such websites must be in compliance with Rules 7.1 and 7.2 and could lead to violations of several other rules if logistical issues are not appropriately addressed. See Ethics Opinion 11-05.

Comments : Comments Off
Categories : Websites, Advertising, Computer Use, South Carolina

New York Lawyers May Use Groupon to Market Legal Services

3 Jan 2012

A lawyer may market legal services on a “deal of the day” or “group coupon” website
provided that the advertising is not misleading or deceptive and makes clear that no lawyer-client
relationship will be formed until the lawyer can check for conflicts and competence to provide the
services.See Opinion 897 (Dec 13, 2011).

Comments : Comments Off
Categories : Websites, Advertising, Computer Use, New York

Law firm executive committee responsible for content on firm website (Louisiana)

15 Oct 2010

A recent decision of the Louisiana Supreme Court held that a law firm’s executive committee is legally responsible for misstatements on a law firm’s website.

Comments : Comments Off
Categories : Websites, Advertising, Louisiana

Kentucky judges may participate in social networking sites such as Facebook

21 Feb 2010

Kentucky judges may participate in social networking sites such as Facebook but a judge must carefully consider the nature of the relationship with an attorney. Judicial Ethics Opinion JE-119 (January 20, 2010).

Comments : Comments Off
Categories : Websites, Computer Use, Kentucky, Social Networking, Social Computing

Judges may not add lawyers as Facebook friends

21 Dec 2009

The Florida Judicial Ethics Advisory Committee indicates that judges may not add lawyers who may appear before the judge as “friends” on a social networking site or permit such lawyers to add the judge as their “friend.” See Opinion No. 2009-20 (November 17, 2009).

Comments : Comments Off
Categories : Florida, Websites, Computer Use, Social Networking, Social Computing

Attorneys may need to make full disclosure when before accessing Facebook and social media sites

21 Apr 2009

The Philadelphia Bar Association’s Professional Guidance Committee addressed the question of an attorney trying to access Facebook and Myspace accounts of a third party witness in Ethics Opinion 2009-2 (March 2009).

Comments : Comments Off
Categories : e-Discovery, Websites, Ex Parte Communications, Computer Use, Pennsylvania, Social Networking, Social Computing

Defendant Blockshopper Obtains “fig leaf” Settlement in “Trademark” Suit brought by Jones Day

25 Feb 2009

There’s an article about the settlement of a so-called trademark suit by Jones Day against Blockshopper here A summary of events in the lawsuit, here

The defendant reportedly incurred more than $100,000 in defense costs as a result of what many viewed as a baseless lawsuit.

.

Comments : Comments Off
Categories : Websites, Internet Use

Jones Day: Linking to Our Site is Trademark Infringement

16 Sep 2008

There’s an article here. Oh, and here. Oh, and this one.

There’s a webpage, blockshopper.com that tracks who buys what property and for how much in certain upscale neighborhoods. Some Jones Day lawyers bought property in those neighborhoods, and that truthful, factual information was posted on the site, along with truthful factual links to the firm’s website, and truthful, factual links to the individuals’ bios on the firm webpage.

Jones Day filed this complaint for trademark infringement. The sum of the alleged confusing and illegal conduct is using a link to the firm’s website and linking to the two lawyers’ bios who bought houses.

Comments : Comments Off
Categories : Websites, Advertising, Blogs, Intellectual Property, Internet Use, Computer Use, Privacy, Domain Names

NY St. Bar Ass’n Approves Gmail Use Despite Contextual Ad Scanning

14 Sep 2008

The New York State Bar Association concluded that lawyers could use gmail and comply with the duty of confidentiality despite the fact that email is ’scanned’ by Google to place contextual ads. The committee warned that this sort of unthinking, automated review was proper, but not human review. N.Y. St. B. Ass’n. Comm. Prof. Eth. Op. 820 (Feb. 8, 2008).

Comments : Comments Off
Categories : Confidentiality, Websites, E-mail, Internet Use, Attorney-client privilege, New York, Privacy, Rules of Conduct, Bar Association, Discipline, Ethics Walls, Malpractice

New Hampshire Adopts Rule Protecting Prospective Clients who Unilaterally Email Law Firms

20 Feb 2008

Effective January 1, 2008, New Hampshire adopted a rule that clearly protects persons who, in good faith, e-mail confidential information to a lawyer from having the lawyer use the information against the prospective client. The comments to New Hampshshire Rule 1.18 provide in part: “In its version of these provisions, New Hampshire’s rule eliminates the terminology of ‘discussion’ or ‘consultation’ and extends the protections of the rule to persons who, in a good faith search for representation, provide information unilaterally to a lawyer who subsequently receives and reviews the information. This change recognizes that persons frequently initiate contact with an attorney in writing, by e-mail, or in other unilateral forms, and in the process disclose confidential information that warrants protection.”

The rule no doubt makes it more important for NH lawyersto use effective disclaimers on their web pages.

Comments : Comments Off
Categories : Confidentiality, Websites, Attorney-client relationship, Disclaimers, E-mail, New Hampshire, Internet Use, Computer Use, Attorney-client privilege, Conflicts, Rules of Conduct

Lawyers receiving unsolicited e-mails from prospective clients via website must hold information received in confidence

7 Jun 2007

In the absence of an effective disclaimer, a lawyer who receives unsolicited information from a prospective client through an e-mail link on a law firm website must hold the information in confidence, even if the lawyer declines the representation. Massachusetts Bar Opinion 2007-01.The opinion also addresses whether the lawyer’s firm can represent a party adverse to that prospective client.

Comments : Comments Off
Categories : Confidentiality, Websites, Attorney-client relationship, Disclaimers, Conflicts, Massachusetts

New York law firm adapt websites to comply with new advertising rules

3 Mar 2007

A New York Times article describes how large New York law firms are modifying their website home pages and otherwise complying with new advertising rules.

Comments : No Comments »
Categories : Websites, Advertising, New York

Florida Bar may permit client testimonials on websites

26 Feb 2007

The Florida Bar board of governors has tentatively approved a proposed rule on law firm Web sites that would let lawyers publish client testimonials and claims about their past successes. See law.com article for details.

Comments : No Comments »
Categories : Confidentiality, Florida, Electronic Files, Websites, Advertising

Lawyers need to consider several aspects of duty of confidentiality for inquiries through a web site

17 Jan 2007

Lawyers must consider confidentiality and other ethical issues associated with inquiries they receive through a website. Informal opinion 2080 (2006).

Comments : No Comments »
Categories : Confidentiality, Websites, Advertising, Disclaimers, Washington, Conflicts, Solicitation

New York modifies lawyer advertising rules

10 Jan 2007

A redline version of the new lawyer advertising rules effective February 1, 2007, is available online from the New York State Unified Court System website.