New York State Bar Opinion 1009

Committee on Professional Ethics

Topic:  Advertising; solicitation; press releases and tweets regarding shareholder litigation

Digest of the Committee:

“Press releases and tweets directed to potential clients in shareholder suits constitute advertising and solicitation. They are thus subject to retention requirements, and, if directed to New York recipients, are also subject to filing requirements. The tweets must be labeled “attorney advertising” but are not prohibited by the rule against interactive solicitation.”

Relevant Law: New York’s Rule of Professional Conduct 1.0(a) & (c); 7.1(f) & (k); 7.3; 8.5(b)

The full text is available at https://www.nysba…