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California
Contact Information
Complaints
State Bar of California
Office of the Chief Trial Counsel
1149 South Hill
Los Angeles, CA 90015
Complaints: (800) 843-9053
Phone: (800) 843-9053
Fax: (213) 765-1000
San Francisco Office
555 Franklin Street
San Francisco, CA 94102
Phone: (415) 561-8200
Fax: (415) 561-8214
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State Bar
State Bar of California
100 Van Ness Avenue
28th Floor
San Francisco, CA 94102
Tel: (415) 241-2154
Fax: (415) 241-2180
Contact: Mr. David Bell
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Status
The State Bar of California's Committee on Professional Responsibility and Conduct released proposed formal ethics opinion on attorney web sites (proposed formal opinion interim no. 96-0014). The comment period expires at 5 p.m., Wednesday, March 22, 2000. Contact information and the text of the opinion are available on the Bar's eb Site. Not surprisingly, the opinion states that Web Sites are "advertisements" within the meaning of the rules but are not automatically deemed "solicitations" by virtue of the inclusion of e-mail contact capabilities. The digest of the proposed formal opinion states that an attorney's internet web site, which contains information for the public regarding her availability for professional employment, is a "communication" under rule 1-400(A) of the California Rules of Professional Conduct and an "advertisement" under Business and Professions Code sections 6157-6158. As such, it is subject to the applicable prohibitions on false, misleading, and deceptive messages. All words sounds and images that make up the presentation on the web site must conform to the requirements of the rules. Under the facts presented, the web site is not a "solicitation" under rule 1-400(B) even if it includes e-mail facilities allowing direct communication to and from the attorney. The attorney also must be aware that her web site may be subject to regulation by other jurisdictions or that it might be considered the unauthorized practice of law in other jurisdictions.
A short guide to attorney advertising in general is offered by the California Young Lawyers Association (CYLA).
David M. Bell, the former Director of the Office of Professional Competence, Planning and Development recently published a short article Internet Use Raises Ethics Questions (Cal. Bar Journal, 4/6/96, pp. 36-37) that discusses the State Bar's current position. For future reference, the California Bar Journal is available on line (from January 1996 to present).
The State Bar encourages attorneys to call the ethics hotline [1-(800)-2-ETHICS] with their questions.
Rules and Regulations
The State Bar of California Committee on Professional Responsibility and Conduct (COPRAC) released the Web many of its ethics opinions. The State Bar also offers a searchable demostration of the State Bar Court Reporter Digest. The Bar also publishes the following:The Rules of Professional Conduct, including Rule 1-400 (Advertising and Solicitation), and the State Bar Act, including sections 6150-6172 dealing with unlawful solicitation. Section 6158 addresses electronic media advertisements. The Bar also offers on Lawyer Referral Services.
The Legislative Counsel of California also publishes the Official Codes, including B&P Code sections 6157-59.2 dealing with attorney advertising. Section 6068, dealing, in part, with confidentiality issues is also available.
The Legal Information Institute offers another copy of the California Rules of Professional Conduct.
Potential Issues
- Rule 1-400(D): No false or misleading communication.
- Rule 1-400(F): Retain copy of advertisement for two years.
- Presumptive Violations: See Rule 1-400.
- Presumptive Violations (11): Identification of attorney as "certified specialist."
Other Local Associations
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