LPT: Maintaining Ethical Boundaries on the Gray Web of Marketing

ABA’s Law Practice Today Webzine
Being super-active in the American Bar Association’s Law Practice Division means collaboration is a necessity. So in the November 2019 edition of Law Practice Today (LPT), I get to combine my role as Associate Editor of the webzine with my participation in the Ethics & Professionalism Committee to formulate our annual “Ethics Issue.”
Of course, that typically means I will need to contribute a feature as well, so I’ve authored “Maintaining Ethical Boundaries on the Gray Web of Marketing,” which discusses the difficulty many law firms are having today in determining how to effectively and ethically market themselves on the Internet without violating the Rules of Professional Conduct. Suffice it to say–easier said than done. And as the title suggests, it is far from black & white. There are issues of jurisdictional boundaries, fee-sharing, unauthorized practice of law and understanding where the RPC, ethics opinions and enforcement kick in (or don’t). I recently told a colleague that the sophistication level of aggressive online law marketers is well beyond the long arm of the (disciplinary) law. I used to put a ton of time and energy into making sure there was ethics compliance with a “standard” law firm website—text, disclaimers, bar admissions, etc. Today a typical website—regardless of the look & feel—is pretty ho-hum at the end of the day—office locations, bios, practices, industries, representative matters, blah, blah, blah…but it is in the realm of SEO, cookies, social media and all sorts of traffic drivers where the real issues lie below the surface of the World Wide Web. Have a read.
Marketing Attorney Blog



Whenever I pass a roadside diner promising something like “world’s best cherry pie,” I think about lawyer advertising restrictions. Because no law firm or lawyer could tout themselves as the best or greatest—and many of the taglines, phrases and symbols used to market products and services to consumers are restricted or outright prohibited in the legal profession.
Recently, I had the privilege of serving on a panel at the American Bar Association’s Law Practice Division continuing legal education program on the ethics of virtual and multi-jurisdictional lawyering in Santa Fe, New Mexico. The program was co-sponsored by the State Bar of New Mexico, and took place on May 18, 2018 at the Inn and Spa at Loretto.
In the March 2018 issue of the American Bar Association’s
Oh, remember the ‘80s? Alf, Madonna, Pee-Wee’s Playhouse, Garbage Pail Kids? I was in New Orleans to see Keith Smart’s last-second shot for Bobby Knight’s Indiana Hoosier over Syracuse in the NCAA Championship Game in 1987. I watched the Baltimore Orioles defeat the Philadelphia Phillies in the 1983 World Series (when the O’s still were more important to me than the Phillies). And I was at the Stanley Cup Finals between the Flyers and the Edmonton Oilers in 1985 and 1987. Those were just some of the games I attended in person. I worked in the Major Indoor Soccer League and the NHL during the 80s—attending hundreds of games. I remember the end of high school, my college years, first jobs, and the start of law school. Little did I (we) know at the time that those babies being born were—Millennials! And that—in the here and now—it would all be about them.
When I wrote my marketing column for the November/December 2017 issue of the ABA’s Law Practice Magazine,