How Many Rules Do We Need? Josh King, Lynda Shely, and Erika Wodinsky Lawyer Advertising: How Many Rules Do We Need? Josh King, Lynda Shely, and Erika Wodinsky

Topics Today: What Rules Apply Rating Services Referral Services “Referral Fees” The internet in general….

The Rules: ABA Model Rules 7.1 – 7.5 State Advertising Regulations Federal Trade Commission Act

ABA Rule 7.1 A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

State Lawyer Advertising Regulation ABA Model Rules 7.1-7.5 technically do not regulate any lawyers – they are models. Each jurisdiction adopts Rules of Professional Conduct and/or Business codes that regulate lawyer advertising. The ABA’s comparison chart of state advertising regulations is 123 pages…

Federal Trade Commission Act The Act prohibits, among other things, “False advertising,” which is: “[. . .] misleading in a material respect [. . .]”

Federal Trade Commission Preventing unfair methods of competition and unfair or deceptive acts or practices. Encourages competition in licensed professions – which includes preventing practices/regulations that impede competition. No private cause of action.

Rating Services:

Numbers 5M visits a month 2M questions answered 97% answer rate 150K active attorneys 100’s of thousands of contacts a month

Empower consumers with information - Avvo Rating & Attorney Profiles

Avvo Profile

Experience With Regulators

Advertising Issues

Reluctance To Share

Not “Public Records”

About That Rating . . .

A LAWYER’S BACKGROUND

Types of Avvo Rating Numerical: Non-Rated: Other:

Is it false or misleading for a law firm to post fake reviews? Review Service “Yelp Sues Firm That Sued It for Coercion, Alleging Posting of Fake Favorable Reviews”* Is it false or misleading for a law firm to post fake reviews? *By Joyce E. Cutler, Bloomberglaw.com By Joyce E. Cutler, Bloomberglaw.com

“Referral Fees” Should a law firm be able to pay a person/service a portion of legal fees generated by leads they obtain? Assuming the firm checks for conflicts and the nonlawyer does not direct or control the representation or who becomes a client? Some states say yes and some say no. What happens if your firm has offices in both?

The Internet: YouTube LinkedIn/Facebook/Tweeter/etc. Other content (blogs…) Google Adwords Law firm Websites

Who Regulates Youtube? Feb. 5, 2014 Super bowl commercial by Jamie Casino (viewed by over 5 million viewers on just YouTube)

Is it ethical for Art Lachman to buy the words GOOGLE ADWORDS Is it ethical for Art Lachman to buy the words “Shely Firm” For Google searches? Not according to North Carolina, which just censured a lawyer for using other lawyer’s names in his Google Adwords – and then lying about it.

Websites – WHICH RULES APPLY?

Disclaimer #1:

Just some of the other disclaimers: Designation. To the extent the Bar Rules in your jurisdiction require us to designate a single attorney responsible for this site, we designate Tom Browne, e-mail: tbrowne@hinshawlaw.com. Use In Other Jurisdictions. We practice law only in jurisdictions in which we are properly authorized to do so. We do not seek to represent anyone in any jurisdiction where the Site does not comply or is in any way inconsistent with the rules governing communication of legal services in a particular state. We are unwilling to assume the representation of clients from those states where the materials do not comply with State Bar requirements and where the client is generated as a result of that communication. Statement In Compliance With Certain Rules of Professional Conduct. Unless otherwise specified, the attorneys listed on the Site are not certified by the Texas Board of Legal Specialization and are not certified as a specialist in any practice area by the Tennessee Commission on the Continuing Legal Education and Specialization.

Other Content on the Internet…. What are the two Rule violations in this communication?

What Rules should regulate lawyer advertising that may be viewed by billions of people?