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: [email protected]
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?
