Home -> Law Blog Directory -> Legal Marketing & PR Blogs -> Larry Bodine's LawMarketing Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Marketing & PR
: Larry Bodine's LawMarketing BlogRED ALERT: The ABA Wants to Regulate Online Lawyer Marketing
By Larry Bodine
The ABA is quietly gathering support to choke off lawyer marketing on the Internet by having the ABA Commission on Ethics 2020 Working Group distribute an 'Issues Paper Concerning Lawyers' Use of Internet Based Client Development Tools.' Visit www.abanet.org/cpr/issuepaper.pdf for a copy.
Please join me in marshalling lawyers to stop this effort by the ABA to burden lawyer marketing on the internet with unneeded ethics obstacles. Lawyer marketing needs less regulation, not more stifling ethics rules.
Act now, because the comment period ends on December 15. Comments should be sent to: Natalia Vera, Senior Research Paralegal, Commission on Ethics 20/20 ABA Center for Professional Responsibility, 321 North Clark Street, 15th Floor, Chicago, IL 60654-7598. Phone: 312/988-5328, fax: 312/988-5280 and email: veran@staff.abanet.org.
For further discussion on this topic, please go to the existing 350-member CMO Forum on LinkedIn. Simply to go http://www.linkedin.com/groups?mostPopular=&gid=1026487 and join. When you post a message to twitter, please use the Twitter hashtag of #ABAREGS |
- Online social networking (Facebook, LinkedIn & Twitter)
- Blogging
- Facebook and Linkedin profiles
- Pay per click advertising
- Gathering information through networking websites
- Discussion forums
- JD Supra document uploads
- Lawyer websites
- Use of case histories on law firm websites
The Commission could propose amendments to Model Rules 1.6 (duty of confidentiality), 1.18 (duties to prospective clients), 5.5 (multijurisdictional practice), 8.4 (misconduct generally), or the Article 7 Rules and their Comments – all of which use the Model Rules of Professional Conduct to restrict these forms of online activities. However, the commission says it may also form a policy statement for a vote to the ABA House of Delegates or propose amendments to the Model Rules in Article 7 on lawyer advertising.
Of course, the ABA enacts model rules and has no enforcement powers. However, many states adopt the model rules, and some like Florida, Iowa, Connecticut, New York and Texas have individually promulgated draconian rules against lawyer marketing.
In my opinion, the ethics boards should keep their hands off the internet. We don't need more regulation, we need less. It is sufficient for the ethics rules to state that a lawyer may not make a false or misleading statement online; that's enough. The commission's activities are a waste of time and a threat to the public and the profession. The ethics police should focus on lawyers who steal from client trust accounts, not bring disciplinary actions against lawyers for their Facebook pages or what a lawyer said in a Twitter message.
If enacted, rules outlined in the 'Issues Paper' will have many deleterious effects:
- The ABA's proposed actions will cause a chilling effect on a lawyer's right to commercial free speech, first established in In Bates v. State Bar of Arizona, 433 U.S. 350 (1977).
- The public will suffer because there will be less information to find about attorneys, FAQs and articles about the law, and how lawyers can help them.
- Ethics burdens on marketing will unfairly hurt solos, GPs and lawyers in small and mid-sized firms, which heavily use online marketing. The ethics rules will not affect BigLaw firms that have hundreds of thousands of dollars to spend on costly offline marketing initiatives.
The comment period is open until December 15, 2010, and I urge you and everyone who favors online business development to write the ABA in opposition to taking any action.
For more on this topic visit the LawMarketing Portal at http://bit.ly/aiuXtm
Full post as published by Larry Bodine's LawMarketing Blog on November 01, 2010 (boomark / email).
Best Law Movies
Greatest Legal Movies selected by ABA Journal
Lawyer Jokes
Law Humor
Bextra Injury Risks
Bextra Increases Risk of Fatal Heart Attack
Bausch Lomb Renu Moistureloc Linked to Eye Infection Fusarium Keratiti
Contact Lens Solution Product Recall
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
Ladder Accident Injury Claims
Were you or a loved one injured in a ladder accident?
Marketing Spam
Member Source Media pays $200,000 civil penalty for deceptive online advertising.
Online Ticket Vendor
Buying Tickets Online That Never Arrive
Vytorin Marketing
alleged false claims in marketing campaign.
FDA
Issues Expanded Alert for 72 Weight Loss Products
Golden Dragon Frozen Cooked Mackerel Fish
Clostridium botulinum Alert
Kimkins
alleging false advertising of online dieting.

Guest Post :: Lawyer Uses His Mac to Create Online Video To Get New Clients
What Constitutes Law Firm Internet Marketing Beginner Guide with Tips.
Conference on Lawyer Marketing Through Online Social Networks
What (in the World) Did They Do to the Article I Wrote
Online Marketing For Lawyers - How Lawyers Can Increase Online Presence
Lawyer Loses Bid to Get Patent on Marketing








