Virginia Supreme Court found that a lawyer’s blogs containing public information about cases handled by the lawyer is entitled to First Amendment protection

On February 28, 2013, the Supreme Court of Virginia found that a lawyer's blog can be considered potentially misleading commercial speech – and thus lawyer advertising - and be regulated by the Virginia State Bar. The posts predominately described cases handled by the lawyer himself where he had received a favorable result for his client. However, the blogs only contained public information and were entitled to First Amendment protection. The Supreme Court agreed with the Circuit Court when Read more [...]

Lawyer may advertise through text, NC Ethics Opinion states

North Carolina State Bar 2017 Formal Ethics Opinion 1   April 21, 2017 Topic: text message advertising The Opinion clarifies that lawyers may use the text message advertising that allows the user to initiate a live telephone communication, provided it complies with North Carolina Rules of Professional Conduct 7.1, 7.2, and 7.3, and all applicable federal and state laws, rules, and regulations. By way of background, 2017 Formal Ethic Opinion 1 opines on whether a lawyer may advertise Read more [...]

Another jurisdiction finds participation in Avvo, LegalZoom, and Rocket Lawyer unethical

On June 21, 2017, the New Jersey Advisory Committee on Professional Ethics, Committee on Attorney Advertising, and Committee on the Unauthorized Practice of Law opined that New Jersey lawyers may not participate in the Avvo legal service programs “because the programs improperly require the lawyer to share a legal fee with a nonlawyer”. The Committees further found that New Jersey lawyers may not participate in the legal service plans operated by LegalZoom and Rocket Lawyer through their websites Read more [...]

D.C. Bar issues comprehensive guidelines on lawyers’ use of social media (Opinion 370 and 371)

In November 2016, the DC Bar Legal Ethics Committee issued Ethics Opinion 370 (Social Media I) and 371 (Social Media II), which address the use of social media by lawyers for marketing and personal use and for providing legal services. The two opinions aim at increasing awareness of the ethical issues generating from the increasing use of social media by attorneys. The two opinions highlight how lawyers have a duty to maintain competence and to understand how posting on social media works. D.C. Read more [...]