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Legal Ethics Reading Assignment

gregh  2007-04-08 10:00           

Introduction

On April 16, 2007, Judah Nathanson and I will be making our Legal Ethics presentation on "Attorney Blawgging." This post contains our reading assignment for that presentation. There are three parts to this assignment. The first provides some general background on blogs, blogging, and the area we as future attorneys are most concerned about, attorney blawgging. If you're already familiar with blogs and blawgs, you may not need to spend much time on this part. The second part is the meatiest and covers attorney advertising rules and how those impact blawgging by attorneys. Finally, the third part covers attorney-client relationships and other concerns.

Part I: Blogs, Blogging, and Blawgging

We would prefer to spend little of our class time discussing the basics of blogs and what makes them different from traditional websites. If you're unfamilarly with blogs, or if you only know that you might read them on occasion, please read the following:

Next, focus a bit more on the world of legal blogging, often referred to as "blawgging." There are several directories of blawggers. For many examples of attorney blawgs, see this directory. (Note that they use one 'g'; other uses two. We're using two.) The company powering this directory, Justia, is in the business of selling marketing solutions to law firms, including a blawgging platform.

Part II: Attorney Advertising

Advertising is the space where blawgging is most directly restricted.

California

First, consider the California State Bar Act:

And then, the California Rules of Professional Conduct:

  • Rule 1-400, in particular (A), (C), (D), and (F)

Finally, the following CalBar Formal Opinion on the status of websites:

ABA Model Rules

Kentucky

New York

The displinary rules covering attorney advertising have been a hot topic of conversation over the last 9 months. See the following for the details and the redline version of the rules as adopted:

Part III: Confidentiality, Attorney-Client Relationships, and Other Concerns

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