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Posts Tagged ‘Legal Services’

What Are The Ethical Rules For Legal Blogs In California?

Posted on: February 1st, 2019

By: Greg Fayard

If you are a California lawyer and are thinking about starting a blog, keep these points in mind:

  1. Blogging by an attorney may be a communication subject to the requirements and restrictions of the Rules of Professional Conduct and the State Bar Act relating to lawyer advertising if the blog expresses the attorney’s availability for professional employment directly through words of invitation or offer to provide legal services, or implicitly through its description of the type and character of legal services offered by the attorney, detailed descriptions of case results, or both.
  2. A blog that is an integrated part of an attorney’s or law firm’s website will be a communication subject to the rules and statutes regulating attorney advertising to the same extent as the website of which it is a part.
  3. A stand-alone blog by an attorney, even if discussing legal topics within or outside the authoring attorney’s area of practice, is not a communication subject to the requirements and restrictions of the Rules of Professional Conduct and the State Bar Act relating to lawyer advertising unless the blog directly or implicitly expresses the attorney’s availability for professional employment.
  4. A stand-alone blog by an attorney on a non-legal topic is not a communication subject to the rules and statutes regulating attorney advertising and is not subject thereto simply because the blog contains a link to the attorney or law firm’s professional website. However, extensive and/or detailed professional identification information announcing the attorney’s availability for professional employment will itself be a communication subject to the ethical rules and statutes.

See California Rules of Professional Conduct 7.1 and 7.2 and Business and Professions Code sections 6157-6159.2; State Bar of California Standing Committee on Professional Responsibility and Conduct, Formal Opinion Interim No. 12-0006.

If you have any questions or would like more information, please contact Greg Fayard at [email protected].

New Task Force Aims to Reform California’s Technological Ethical Rules

Posted on: January 15th, 2019

By: Paige Pembrook

On December 5, 2018, the California State Bar Task Force on Access Through Innovation in Legal Services held its first meeting and started a long process to modernize ethical rules that currently inhibit lawyers from fully using innovative technologies and services from non-lawyer businesses. Under the Current Rules of Professional Conduct for California lawyers, attorneys risk professional discipline and malpractice liability when using services and software offered by non-lawyer technology businesses, even though those services and software offer significant potential to improve access to and delivery of legal services.

Earlier this year, the State Bar charged the Task Force with recommending rule modifications to allow collaboration and technological innovation in legal services, including use of artificial intelligence and online legal service delivery models. The Task Force is specifically tasked with scrutinizing existing rules and regulations concerning the unauthorized practice of law, lawyer advertising and solicitation, partnerships with non-lawyers, fee splitting, and referral compensation. The Task Force must submit its recommendations to the State Bar Board of Trustees before December 31, 2019.

As any effective rule changes remain years away, lawyers must be aware of and comply with the current rules that restrict lawyers seeking to collaborate with and use technology from non-lawyer businesses. The Rules of Professional Conduct are often implicated when lawyers collaborate with non-lawyer businesses offering technology-driven legal services and software. These rules include those premised on harm to clients that flows from incompetent legal service (Rule 1.1), non-lawyer ownership of law offices and the unauthorized practice of law (Rules 5.4 and 5.5), and the dissemination of biased and/or misleading information (Rules 7.1-7.3).

To the extent that lawyers violate any of the aforementioned rules by using technology-driven legal services and software offered by non-lawyer businesses, they may be subject to State Bar discipline.

If you have any questions or would like more information, please contact Paige Pembrook at [email protected].