Legal Ethics

Published on: February 19, 2009

Top Docs Battle over Rankings; Are Lawyers Next?

Who would have thought the docs would beat the lawyers to the courtroom? Well, in Camden County Superior Court in New Jersey, two hospital behemoths – Virtua Health and Cooper Health System – are battling over the use of local rankings and ratings in advertising and promotion.

The argument goes to the heart of many similar debates in the law world over rankings and ratings, methodologies and research. In this case (which happens to be in my backyard…and I have no idea if my doctors are on any of these lists and could care less). Just the “local” versions include four magazines that have taken advantage of the popularity of publishing lists and generating advertising.

Read the article and ask yourself if these arguments sound familiar?

Published on: February 1, 2007

Comply or DIE! New New York Lawyer Advertising Rules Take Effect Today…February 1, 2007

by Micah Buchdahl

Just kidding about the “death” reference. The much-talked about changes to the attorney advertising rules in New York take effect today. And in the end, New York proved no better (or worse) than the majority of state bars in creating different standards for what is and is not kosher.

Don’t believe what you read

Outside of what you read here. In perusing dozens of articles and blog posts, I read dozens of inaccuracies and inaccurate quotes (a lot of those interviewed misspoke about what the rules were all about). One article quoted a legal marketer that said these rules effected few attorneys in New York (do you know anything about law firm business development?). An attorney cited that NY was at the forefront of these advertising ethics issues (you are not). And I read lots of quotes from non-lawyer marketers that have no say or influence in these decisions. Attorneys that make up the state bar decide what attorneys are going to do.

Published on: July 26, 2006

Super Lawyer’s Kryptonite — NJ Ethics Opinion

by Micah Buchdahl

In a summer where Superman Returns, it is Super Lawyer getting hit by kryptonite, thanks to the recent ethics opinion from my resident state of New Jersey.

As many of my readers know, I speak at law firms on a weekly basis regarding marketing ethics (usually as in-house CLEs and at retreats). This morning, I was greeted with e-mails and phone calls from about 30 of those firms seeking advice on how this affects them. Especially here in the Northeast, where many New York and Pennsylvania firms have a NJ office.

My general rule of thumb is that firms abide by the strictest state in which they have an office. In many cases, that state is Florida. New Jersey is not far behind. In Iowa, I just say to stop marketing.

Published on: November 9, 2004

Florida Pit Bull Case “Discussed” in Gorilla Marketing Article

by Micah Buchdahl

I’ve studied Florida’s Pit Bull case for a number of years, and just prior to its recent court victory over the state bar, authored a piece about the ethics of animals in law firm marketing for ALM’s Small Firm Business. Read the ARTICLE at Internethttps://www.marketingattorney.com.

Published on: October 1, 2004

Pennsylvania “Ethics 2000” Adoption Takes Effect January 1

by Micah Buchdahl

Pennsylvania’s adoption of the ABA Model Rules Ethics 2000 initiative will take effect January 1, 2005. Changes to those tricky 7.– rules regarding advertising and marketing, as well as solicitation are included. Contact the Marketing Attorney if you wish to obtain an article reviewing the changes, as they effect business development. The new rules are available to the public at the PA Bar web site.