Marketing is an integral part of the private practice of law. But where is the line between permissible advertising tactics and impermissible solicitation? Often it is hard to find guidance to tell you on which side of that line your marketing strategies fall. The recent ABA Opinion 501 
may help. It sets forth several hypotheticals
Remote control: the line between UPL and remote practice
What’s trending
The rapid evolution of technology over 2 years of COVID not only allows for a remote practice, but in many regards encourages it. So much so that some firms are now hiring attorneys who will work primarily – if not exclusively – remotely.
The focus of regulators’ concerns is shifting less on where
No DQ for soliciting, representing client’s former employees at depo says CA district court
Defense counsel did not act beyond the scope of their pro hac vice admission by contacting some of their client’s former employees and offering to represent them at their depositions, said a California district court last week, turning back plaintiffs’ motion to disqualify the Ohio lawyers. In its opinion the court analyzed both pro hac
Better Call Saul: Legal ethics you can use
We’ve written before about Better Call Saul and its legal ethics lessons. Now, as we all WFH (work from home, that is), here comes a light-hearted series featuring Rhea Seehorn’s character, Kim Wexler, discussing various legal ethics issues. You can watch the first installment on YouTube here. It’s a fun five minutes on
No marketing using client’s info without express consent, says S.C. supreme court, even if “generally known”
As we’ve noted before (here and here), the ethical duty of confidentiality is broad, and can even cover publicly available information. Now comes a reminder that based on the confidentiality rule you should obtain consent before using your client’s name in marketing materials — and that some jurisdictions go even farther. For instance,
Going once, twice … MD bar approves charitable auctions of legal services
Looking for marketing ideas to help you or your firm stand out from the crowd? If you’re tired of branding tee shirts and mugs with your logo, how about donating your legal services to be auctioned off by a charity? As you might suspect, there are ethics issues — and Maryland’s state bar association recently
LegalForce v. UpCounsel suit challenges on-line lawyer ratings, processing fees
Making big news this summer was the shut-down of Avvo Legal Services just a few months after it was acquired by Internet Brands. (A couple of the many reports are here and here.) Some speculated that the new corporate owner had no stomach to continue to fight for that portion of Avvo’s business
Settlement agreements barring use of public info nixed in ethics opinion
After hard-fought proceedings, you’ve finally settled a contentious case on behalf of your client. The plaintiff’s lawyer has brought suit against your client before, and likely will again: the lawyer advertises and uses social media aggressively to locate claimants who have the same kind of issue with your client.
Your client asks, “Can’t we include
ABA proposes changes to lawyer ad rules; but referral-fee issue as to Avvo and others remains open
The ABA is proposing changes to the Model Rules on lawyer advertising, modestly streamlining them and trying to re-establish their relevance to the way lawyers and clients interact in the digital age. The proposed amendments and their supporting memo fail to make any express adjustment for the elephant in the room — on-line referral services
Top legal ethics trends 2018: cyber-safety, the “Uber effect,” and more
Greetings 2018! Time for some ethics trend predictions to kick off the Year of the Dog (according to the Chinese zodiac). Let it be a year in which you doggedly pursue ethical practice (ouch). No more bad puns — here’s what’s hot as we begin the year:
Law firm cyber-security
No surprise here that the