Re: Ethics Issues Arising from Lawyers’ Use of Internet-based Client Development Tools


Hellerman Baretz Communications weighs in on the ABA Commission on Ethics 20/20's paper regarding lawyers' use of Internet tools-specifically, websites, blogs, and social media-for marketing purposes.

Our comment makes a few main points: (a) the content of communications triggers ethics restrictions, not the method of those communications (telephone, fax, Skype, email, Facebook, etc.); (b) existing rules, therefore, already cover representations made online communication tools; but (c) by issuing Comments to its existing rules, the ABA can clarify that the mere act of communicating online does not trigger any special or enhanced restrictions and thereby encourage fearful lawyers to use the tools.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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