social media & attorney advertising rules: ethical issues by josh king

Ethical Issues in Online Legal Advertising & Social Media

by Josh KingAvvo, Inc.

. . . or Why You Should Worry Less and Engage More

by Josh KingAvvo, Inc.

Introduction

Josh KingGeneral Counsel & Vice President, Business Development Avvo, Inc.

Twitter: @joshuamkingEmail: josh@avvo.com

Social

Stay Informed & Inform

Expand Referral Network

Be Discovered

Why Do Lawyers Worry About Social Media?

“A lawyer shall not make a false or misleading communication about

the lawyer or the lawyer's services.”

“A truthful statement is also misleading . . . “

“. . . if there is a substantial likelihood that it will lead a reasonable person . . .”

“. . . to formulate a specific conclusion about the lawyer or the lawyer's services . . .”

“. . . for which there is no reasonable factual foundation.”

“Communication about a lawyer or a lawyer’s

services”

Avvo, Inc. - Copyright 2010

Testimonials

Client Solicitation

Promising Results

Bureaucratic Requirements

But You Have Rights

Regulation of “Commercial Speech”

Central Hudson Gas & Electric Corp. v Public Service Commission (1980)

What is “commercial speech?”

“That which does no more than propose a

commercial transaction.”

Substantial Government Interest?

Direct Advancement of the Government Interest?

Narrowly Tailored Regulation?

Commercial Speech Rights

Washington

California

New York

Florida

Other States

Testimonials

Client Solicitation

Promising Results

Bureaucratic Requirements

Professionalism

We’re Done –Questions?