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Crossroads: Attorney Free Speech, Web Marketing & Ethics

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Slides from presentation given to the Washington Bar Association's Young Lawyers Division at their Express CLE #13 in Bremerton, WA. The presentation focused on the problems attorneys face when …

Slides from presentation given to the Washington Bar Association's Young Lawyers Division at their Express CLE #13 in Bremerton, WA. The presentation focused on the problems attorneys face when trying to reconcile ethic rules with how they use the Internet. The presentation reviews rules pre-existing the web, and how they may be applied to web situations, as well as new rules passed in states like Louisiana, Florida and New York that specifically address the Internet.

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  • Transcript

    • 1. A Series of Tubes
    • 2. “ The Internet is not something that you just dump something on. It’s not a big truck. It’s a series of tubes. Former U.S. Senator Ted Stevens June 28, 2006 - Debating Net Neutrality Bill
    • 3. Topics For Today Intersection of the www & ethics • Confidentiality • Duties to Clients and Others • Advertising & Marketing
    • 4. What Are You Doing?
    • 5. Rule 1.6: Confidentiality of Information (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.
    • 6. Lawyer Faces Discipline Over Blog Post http://bit.ly/1xFzIH “ A former Illinois assistant public defender faces disciplinary charges over postings to her blog that may have exposed client confidences and revealed her complicity in a client’s fraud on a court.
    • 7. Rule 3.3 Candor Toward The Tribunal (a) A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal...
    • 8. Lawyers Beware: Judges May Be Watching You on Social Media http://bit.ly/iuEru “ Judge Criss (Galveston, TX) recalled a lawyer telling her she needed a continuance because of a death in the family....but found out on her facebook account that she had been partying that same week. The judge denied the request.
    • 9. http://bit.ly/31GDi State bar authorities in Florida have fined trial lawyer $1,200 for criticizing judge on a blog...Among other remarks...called the judge an "evil, unfair witch."
    • 10. A Legal Battle: Online Attitudes v. Rules of the Bar http://bit.ly/3A1lMz
    • 11. Rule 1.18: Duties to Prospective Client (a) A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.
    • 12. “ Online legal matching services have the potential to reduce consumers’ costs for finding legal representation, which would likely increase competition among attorneys to provide legal services. USA Federal Trade Commission 2006 Letter to New York Bar Association in Opposition to Proposed Advertising Rules
    • 13. Rule 4 Truth & Respect Rule 4.1: Lawyer shall not make false statement of fact or law to third person... Rule 4.4: Lawyer shall not use means or methods of obtaining evidence that violate the legal rights of a person.
    • 14. Friending an Adverse Witness for Info Could Violate Ethics Rules http://bit.ly/15yf90 “ Deception is deception, regardless of the victim’s awareness in her interactions on the Internet and susceptibility to being deceived.
    • 15. Florida Board of Bar Examiners Maybe Watching... http://bit.ly/PUFpA “ The FBBE’s Character and Fitness Commission had recommended in its final report that the board consider expanding its current review of personal Web sites during background investigations
    • 16. Advertising
    • 17. Bates v. State Bar of Arizona (US 1977) Lawyer advertising is constitutionally protected speech. It cannot be completely banned, but may be subject to restrictions regarding “time, place and manner.”
    • 18. Summary of Constitutional Principles Constitutional Protection for Communication Ad on TV or Radio In-Person Solicitation Shapero Letter Invasiveness of Speech
    • 19. Outline of Traditional Rules Rule 7.1 - Prohibits false or misleading communications Rule 7.2 - time, place, manner restrictions on lawyer advertising Rule 7.3 - further limits in-person and targeted solicitations Rule 7.4 - restricts advertising fields of practice and specialities Rule 7.5 - firm names and letterhead
    • 20. What is... Advertising?
    • 21. Rules for Internet “ Communications 7.6(a) ‘computer accessed communications’ are defined as information regarding a lawyer’s or law firm’s services that is read, viewed, or heard directly through the use of a computer. “ 7.6(d) ‘All computer accessed communications...other than those subject to subdivisions (b) and (c) of this Rule, are subject to the requirements of Rule 7.2
    • 22. Web Images Maps News Shopping Gmail more ! Sign in Google Advanced Search new orleans attorney Search Preferences Web Maps Results 1 - 10 of about 5,570,000 for new orleans attorney. (0.16 seconds) New Orleans Attorney Sponsored Links Sponsored Links onypc.com/charbonnet-law-firm-llc Do You Need a Trusty Lawyer? Contact Us Today to Get Legal Help. LA Insurance Lawyer Need An Insurance Attorney? Call DiGiulio Utley, LLC For Help With Your Insurance Case. www.digiulioutley.com New Orleans Personal Injury and Criminal Defense Attorneys www.HardieLaw.com Show map of 422 Notre Dame Street, New Orleans, LA The Young Firm New Orleans Attorney Free Cons. Attorney In New Orleans www.lawyers.com Attorneys by Location & Specialty Visit Lawyers.com Today. Exp. & Aggressive Trial Attorneys. TheYoungFirm.com Local business results for attorney near New Orleans, LA 400 Poydras Street, New Orleans, LA A. Adams Hoefer Holwadel Eldridge - www.ahhelaw.com - Daniel E. Becnel Jr. (504) 581-2606 - More Personal Injury & Class Actions B. Catherine Lampard-Naccari, Attorney - www.nola-law.com - Nationally recognized attorney (504) 525-4361 - More www.BecnelLaw.com C. James L. Arruebarrena, Attorney at Law, LLC - Louisiana wwww.louisianainjuries.com - (504) 525-2520 - More D. Bloom Legal - New Orleans Lawyer - www.bloomlegal.com - Dale Maas (504) 599-9997 - More Attorney at Law E. Bain Steven E Attorney at Law LLC - www.lawelder.com - Pro Law Corporation (504) 585-7942 - More www.LocalAdLink.com F. Rowe Robert E Attorney - weilerreestaxlaw.com - (504) 524-2944 - More D'Amico Frank J G. Mc Glinchey Stafford PLLC - www.mcglinchey.com - Law Offices of Frank J D'Amico Jr. (504) 586-1200 - More Personal Injury, Katrina, Insurance H. Jones Walker Law Firm - www.joneswalker.com - (504) 582-8000 - damicolaw.net More 622 Baronne St # 2, New Orleans, LA I. Phelps Dunbar Llp: Alessandra M Nan - www.phelpsdunbar.com - (504) 566-1311 - More New Orleans Injury Help J. Milling Benson Woodward LLP - www.millinglaw.com - Talk To An Injury Lawyer In Your (504) 569-7000 - 1 review Area. Sign Up For A Free Consult! More results near New Orleans, LA » www.InjuryHelplineAttorney.com New Orleans Lawyer Directory: Attorneys, Lawyers, Law Firms Talk To An Attorney Now New Orleans Lawyer Directory provides an easy way to find New Orleans attorneys/ Free Attorney Matching Service lawyers, court reporters, private investigators, process servers & other ... Fill Out a Form & Attorneys Respond neworleans.lawinfo.com/ - 79k - Cached - Similar pages www.FindLawyersAttorneys.com
    • 23. Web Images Maps News Shopping Gmail more ! Sign in Google Advanced Search new orleans attorney Search Preferences Web Maps Results 1 - 10 of about 5,570,000 for new orleans attorney. (0.16 seconds) New Orleans Attorney Sponsored Links Sponsored Links onypc.com/charbonnet-law-firm-llc Do You Need a Trusty Lawyer? Contact Us Today to Get Legal Help. LA Insurance Lawyer Need An Insurance Attorney? Call DiGiulio Utley, LLC For Help With Your Insurance Case. www.digiulioutley.com New Orleans Personal Injury and Criminal Defense Attorneys www.HardieLaw.com Show map of 422 Notre Dame Street, New Orleans, LA The Young Firm New Orleans Attorney Free Cons. Attorney In New Orleans www.lawyers.com Attorneys by Location & Specialty Visit Lawyers.com Today. Exp. & Aggressive Trial Attorneys. TheYoungFirm.com Local business results for attorney near New Orleans, LA 400 Poydras Street, New Orleans, LA A. Adams Hoefer Holwadel Eldridge - www.ahhelaw.com - Daniel E. Becnel Jr. (504) 581-2606 - More Personal Injury & Class Actions B. Catherine Lampard-Naccari, Attorney - www.nola-law.com - Nationally recognized attorney (504) 525-4361 - More www.BecnelLaw.com C. James L. Arruebarrena, Attorney at Law, LLC - Louisiana wwww.louisianainjuries.com - (504) 525-2520 - More D. Bloom Legal - New Orleans Lawyer - www.bloomlegal.com - Dale Maas (504) 599-9997 - More Attorney at Law E. Bain Steven E Attorney at Law LLC - www.lawelder.com - Pro Law Corporation (504) 585-7942 - More www.LocalAdLink.com F. Rowe Robert E Attorney - weilerreestaxlaw.com - (504) 524-2944 - More D'Amico Frank J G. Mc Glinchey Stafford PLLC - www.mcglinchey.com - Law Offices of Frank J D'Amico Jr. (504) 586-1200 - More Personal Injury, Katrina, Insurance H. Jones Walker Law Firm - www.joneswalker.com - (504) 582-8000 - damicolaw.net More 622 Baronne St # 2, New Orleans, LA I. Phelps Dunbar Llp: Alessandra M Nan - www.phelpsdunbar.com - (504) 566-1311 - More New Orleans Injury Help J. Milling Benson Woodward LLP - www.millinglaw.com - Talk To An Injury Lawyer In Your (504) 569-7000 - 1 review Area. Sign Up For A Free Consult! More results near New Orleans, LA » www.InjuryHelplineAttorney.com New Orleans Lawyer Directory: Attorneys, Lawyers, Law Firms Talk To An Attorney Now New Orleans Lawyer Directory provides an easy way to find New Orleans attorneys/ Free Attorney Matching Service lawyers, court reporters, private investigators, process servers & other ... Fill Out a Form & Attorneys Respond neworleans.lawinfo.com/ - 79k - Cached - Similar pages www.FindLawyersAttorneys.com
    • 24. 2008 - $160.63! 5 Ad Groups! 15 Ad Variations! $2,625!
    • 25. Title: 25 Characters Ad: up to 35 Characters Ad: up to 35 Characters Link: up to 35 Characters
    • 26. Title: 25 Characters Ad: up to 35 Characters Ad: up to 35 Characters Link: up to 35 Characters Rule 7.2(a): Required Content Of Advertisement (1) Name of Lawyer (2) Location of Practice
    • 27. Blogs Are Articles Advertisements?
    • 28. Post a Comment On: Home Contractor vs. Homeowner "The Strength of a Mechanic's Lien" 4 Comments - Show Original Post Collapse comments Leave your comment Wolfe Law Group said... Andrea - I'm a subscriber to your blog and a blogger myself, and wanted to comment about this recent post. I think you really strike a chord with contractors of all sizes with your posts about the strengths of a construction lien - especially by You can use some HTML tags, such as <b>, <i>, <a> referencing something that is frequently not discussed: even improper liens can be effective. Choose an identity Google/Blogger While it's certainly not an excuse to file a USERNAME improper lien for an improper person, the point remains that liens cause problems - and precisely PASSWORD the problems that get contractors paid. No Google Account? Sign up here You can also use your Blogger account. I made reference to your post on my two blogs: OpenID http://blog.wolfelaw.com Name/URL http://blog.expresslien.com Anonymous 12:19 PM
    • 29. You be the judge. Write a lawyer review Sign in Legal Guides Answers & Advice Lawyer Search Search Legal topic Location City and state -OR- ZIP Find guides Home > Legal Guides > Disputing a Construction Lien in Washington State E-mail Disputing a Construction Lien in Washington State Print Scott G Wolfe JR Posted in Construction / Development. Jurisdiction: Washington Add to list To file a construction lien against your property, a contractor must meet certain legal prequalifications. County recorders, however, are required to file construction lien instruments presented to them, regardless of a contractor's Other Legal Guides on Construction legal ability. The result? A construction lien may be placed against your property improperly. In Washington, like in most states, there is a defined manner of disputing the validity of a construction lien. Construction/Development Overview Construction Accidents in Washington Is the lien frivolous? State Liens subject to forced removal are termed "frivolous liens" by Washington law. According to a Washington statute, a lien is frivolous "if it is made without reasonable cause or clearly excessive." Filing a Construction Lien in Washington Practically speaking, this breaks down invalid liens into two categories: State 1) Circumstances when the lien was filed without following technical substantive or procedure rules of lien Construction Liens in Washington State 2) Circumstances when the lien is clearly devoid of any merit whatsoever Subcontractor: how to file a construction Regarding the first category of frivolous liens, the following are some common mistakes: lien on a single-family residential project Failure to adequately describe the property in the lien (i.e., filing without a legal property description). in Wisconsin Failure to provide the proper required notices. Notice is required from the claimant in some circumstances, but not See more related Legal Guides all. Failure to meet all of the statutory content requirements. The law is specific as to what must be identified in a
    • 30. You be the judge. Write a lawyer review Sign in Legal Guides Answers & Advice Lawyer Search Search Legal topic Location City and state -OR- ZIP Find guides Home > Legal Guides > Disputing a Construction Lien in Washington State E-mail Disputing a Construction Lien in Washington State Print Scott G Wolfe JR Posted in Construction / Development. Jurisdiction: Washington Add to list To file a construction lien against your property, a contractor must meet certain legal prequalifications. County recorders, however, are required to file construction lien instruments presented to them, regardless of a contractor's Other Legal Guides on Construction legal ability. The result? A construction lien may be placed against your property improperly. In Washington, like in most states, there is a defined manner of disputing the validity of a construction lien. Construction/Development Overview Construction Accidents in Washington Is the lien frivolous? State Liens subject to forced removal are termed "frivolous liens" by Washington law. According to a Washington statute, a lien is frivolous "if it is made without reasonable cause or clearly excessive." Filing a Construction Lien in Washington Practically speaking, this breaks down invalid liens into two categories: State 1) Circumstances when the lien was filed without following technical substantive or procedure rules of lien Construction Liens in Washington State 2) Circumstances when the lien is clearly devoid of any merit whatsoever Subcontractor: how to file a construction Regarding the first category of frivolous liens, the following are some common mistakes: lien on a single-family residential project Failure to adequately describe the property in the lien (i.e., filing without a legal property description). in Wisconsin Failure to provide the proper required notices. Notice is required from the claimant in some circumstances, but not See more related Legal Guides all. Failure to meet all of the statutory content requirements. The law is specific as to what must be identified in a
    • 31. RSS Syndication Users Can Subscribed to Feeds Feeds Imported Into Other Websites Feeds Emailed
    • 32. How to Stop All This Talking?