A chilling ethics rule
Article Abstract:
Fieger v. Michigan Attorney Grievance Commission concerned a challenge to the Michigan attorney disciplinary system. Geoffrey Fieger maintained that to discipline him for public remarks about a judge's qualifications amounted to an unconstitutional restriction of his freedom of speech. In Michigan disciplinary proceedings, the state is the opposing party, and the state interest justifying punishing a lawyer for out-of-court statements about public officials should be whether the remarks are likely to prejudice court proceedings. Statements which do not meet this test should be considered free speech.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Attorney sites can avoid violations of ethics rules; a disclaimer can emphasize that a lawyer's Web site doesn't offer advice, solicitation or referrals
Article Abstract:
Attorneys should not be scared away from use of the Internet for more effective representation of their clients and education of the public by the very real ethical concerns of such use as these can be overcome. The ethical concerns include the unauthorized practice of law, interpreting Internet E-mail as a waiver of the attorney-client privilege due to its lack of security, and advertising concerns such as the failure to remove outdated information. One way that many calm such fears is by using a disclaimer. The Internet offers too many advantages to fail to use it.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Bar abhors mailed ads
Article Abstract:
The Indiana Supreme Court ruled that a lawyer who mailed an advertisement for his services to a person who was arrested for drunken driving violated the state's Professional Conduct Rule 7.3(c) because the notification that the recipient was getting advertising material was not prominent enough. The Court was not interested in the lawyer's plea of unintentional neglect and seemed to be following the letter rather than the spirit of the law.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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