On June 22, 2015, the Regulation of Lawyer Advertising Committee of the Association of Professional Responsibility Lawyers (APRL) issued the 2015 Report of the Regulation. The Committee was created by APRL in 2013 to analyze the ABA Model Rules of Professional Conduct and study the various states’ approaches to regulating lawyer advertising with the goal […]
On June 18, 2015, the Federal Communications Commission (FCC) adopted the Omnibus Declaratory Ruling and Order (released July 10, 2015). The Omnibus Ruling contains clarifications regarding requirements under the Telephone Consumer Protection Act (TCPA) and FCC’s issued rules and orders. It imposes requirements for telemarketing calls and commercial text messages. The Omnibus Ruling took effect immediately […]
Section §255.0 – Purpose and definitions: “The Guides represent administrative interpretations of laws enforced by the Federal Trade Commission (FTC) for the guidance of the public in conducting its affairs in conformity with legal requirements. Specifically, the Guides address the application of Section 5 of the FTC Act (15 U.S.C. 45) to the use of […]
Committee on Professional Ethics Topic: Financing a law practice; crowdfunding websites Digest of the Committee: “A law firm may engage in certain types of crowdfunding but not others. Any form of fundraising that gives the investor an interest in a law firm or a share of its revenue would be prohibited. However, in some circumstances […]
On August 4, 2014, the Committee on Professional Ethics of the New York State Bar issued Opinion 1014 providing guidelines on how lawyers could solicitate and contact prospective clients after a current client’s recommendation. Digest: “Lawyer may contact prospective client recommended by current client when prospective client has made known that lawyer should contact […]
On March 2, 2015, the Committee on Professional Ethics of the New York State Bar issued Opinion 1049 providing guidelines on how lawyers could respond to potential clients’ who has posted a question on a discussion-based website (such as Reddit and Twitter) asking to be contacted about a particular legal problem. Digest: “A. Where a […]
On October 30, 2014, the Committee on Professional Ethics of the New York State Bar issued Opinion 1032 providing guidelines on how lawyers could respond to former clients’ critical commentary on the web. A former client had “unfairly characterized the firm’s representation of the former client on a website that provides reviews of lawyers” but he […]
On March 10, 2015, the New York County Bar Association (NYCLA) issued opinion Formal Opinion 748 to offer guidance on whether a lawyer can ethically maintain a LinkedIn profile and when it constitutes advertisement. According to the opinion, attorneys may maintain profiles on LinkedIn but they must ensure that all information and endorsements in their […]
Committee on Professional Ethics Topic: The ethical implications of attorney profiles on LinkedIn From the digest: “Attorneys may maintain profiles on LinkedIn, containing information such as education, work history, areas of practice, skills, and recommendations written by other LinkedIn users. A LinkedIn profile that contains only one’s education and current and past employment does not […]
Committee on Professional Ethics Topic: Solicitation Digest of the Committee: “Where a potential client posts a message on a website asking to be contacted by a lawyer about a particular legal problem, a New York lawyer may respond in the manner invited by the potential client. A response invited by the potential client does not […]