Ethics Opinions

Committee on Ethics Topic: Lawyers’ Use of Deal-of-the-Day Marketing Programs The Committee addressed whether a lawyer’s use of a third party company that brokers discounted services to online customers violates rule of professional conduct. Where websites collect fees upfront and retains percentage of purchase price, arrangement it shall be considered as cost of advertising and […]

Committee on Professional Ethics Topic: Lawyer advertising Digest of the Committee: “A blog written by an attorney, the primary purpose of which is not retention of the attorney, is not an advertisement.” Rules: New York Rules of Professional Conduct 1.0(a) & (c), 7.1(k) The full text is available at http://www.nysba.org…

State Bar Association Committee on the Rules of Professional Conduct Topic: Lawyers’ Use of Deal-of-the-Day Marketing Programs Digest of the Committee: Whether an Internet marketing voucher or coupon sold by a lawyer for legal representation is consistent with the Arizona Rules of Professional Conduct will depend on the terms and conditions of the voucher or […]

The Supreme Court of Ohio Board of Commissioners on Grievances & Discipline Opinion 2013-2 Topic: Direct Contact with Prospective Clients: Text Messages Conclusion of the Board: “Text Message Advertising is Generally Permissible under Prof.Cond.R. 7.2(a)” Syllabus of the Board: “Prof.Cond.R. 7.2 allows lawyers to use text messages to solicit professional employment from prospective clients. However, […]

Committee on Professional Ethics  Topic: Virtual law office; office address; advertising, business cards and letterhead Digest of the Committee: “Advertising for legal services may not identify a mail drop as the sole address, and must include the street address of the lawyer’s principal office; a lawyer’s business cards and letterhead may use a mail drop as […]

Committee on Professional Ethics  Digest of the Committee: “A law firm may have an ‘of counsel’ relationship with a non-New York lawyer admitted in another jurisdiction and must disclose any jurisdictional limitations on the ability of any lawyer associated with the firm to practice law in this State.  The form of such disclosure may be […]

Ethics Advisory Committee Topic: Lawyers’ participation in “Questions and Answers” websites is allowed with some precautions In Ethics Advisory Opinion 12-03, the Ethics Advisory Committee opined whether lawyer may answer legal questions as an “expert” on a topical website for compensation where the website disclaims the attorney-client privilege and cautions users against reliance on the […]

State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion 2012-186 Topic: Social media and attorney advertising Digest of the Committee: “Material posted by an attorney on a social media website will be subject to professional responsibility rules and standards governing attorney advertising if that material constitutes a ‘communication’ within the meaning of […]

Office of General Counsel Formal Opinion Topic: Lawyers’ Use of Deal-of-the-Day Marketing Programs From the Opinion: use of daily deal websites, such as Groupon, violates or potentially violates a number of rules of professional conduct. Rules: 1.1; 1.15(a); 1.3; 5.4 (a); 7.2 (c); 7.2 (f) Referenced Ethics Opinions: New York State Bar Opinion 897 North […]

Legal Ethics Committee Topic: Lawyers’ Use of Deal-of-the-Day Marketing Programs Analysis of the Committee: The Indiana State Bar Association’s Legal Ethics Committee has looked at the burgeoning group coupon forms of social media marketing. The Ethics Committee’s analysis is that such social media marketing is fraught with peril and is likely not permitted in its […]