Online Law Firm Marketing: Are Attorneys Complying With ABA Ethical Rules?

Law is a profession ripe with tradition. This profession is one of the few self-regulating professions and is governed by a myriad of professional rules, ethical opinions, and applicable common law. It is well-known that, historically, the law itself has slothfully adjusted to incorporate technological advances within its parameters. This is true regarding the ethical rules of professional conduct. Yet, as more and more legal professionals are now turning to the internet to market their practice through legal websites, blogs, and other social media outlets, there will become an increased need for further regulation regarding ethical advertising on the internet.

The American Bar Association ("ABA") has draft model ethical rules for states to adopt and lawyers to follow. Today, these rules are called the Model Rules of Professional Conduct (the "Rules") and were adopted by the ABA's House of Delegates in 1983. These Rules were modified from the Model Code of Professional Responsibility. Additionally, the precursor to both was actually the 1908 Canons or Professional Ethics.

As noted, the Rules are not actually binding on an attorney until their state has either adopted them or some other related professional rules. Presently, all states except for California have adopted the ABA's Rules at least in part. Most of the states have adopted the ABA's Rules in full with slight modifications or additions to them. Other states, like New York, have adopted the ABA's Rules but included somewhat substantial modifications.

The Rules and each state's compilations do include provisions related to advertising and solicitation. Depending on the state, the distinction between each of these terms could be minimal or significant. Generally, "advertising" refers to any public or private communication made by or on behalf of a lawyer or law firm about the services available for the primary purpose of which is for retention of the lawyer or law firm's services. In contrast, "solicitation" is a form of advertising, but more specifically is initiated by or for the lawyer or law firm and is directed to or targeted at a specific group of persons, family or friends, or legal representatives for the primary purpose of which is also for retention of the lawyer or law firm's services.

Even though the Rules do address advertising and solicitation to the internet, they are unsurprisingly lacking. These gaps are somewhat filled by ethical opinions or case law. But this generally means that an attorney has already gone through the litigation process and, unfortunately, likely been subjected to discipline.

However, the Rules do provide a fairly strong foundation for an attorney or law firm read over. Even if your state's professional rules do not adequately present internet marketing provisions, you may still consult the ABA's Rules for guidance.

Within the Rules, the primary place to look is Rule 7. This rule pertains to "Information About Legal Services" and houses the majority of the applicable rules to internet marketing for attorneys. Duly note, that there still will be other provisions scattered throughout the Rules which apply to marketing. This is just the most applicable concentration of provisions an attorney should consult first before looking for those ancillary sections elsewhere.

Rule 7.1 is the first and more overarching provision an attorney should be concerned with. This section is entitled "Communications Concerning a Lawyer's Services" and prohibits a lawyer from making "false or misleading communication about the lawyer or the lawyer's services. A "false or misleading" communication is further defined in the rule and Comments as one that "contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading." Most pertinently, Comment 1 expressly states that Rule 7.1 does apply to a lawyer or law firm's website, blog, or other advertising because it states that this provision "governs all communications about a lawyer's services, including advertising permitted by Rule 7.2."

Under Rule 7.2, which is entitled broadly as "Advertising," allows attorneys to advertise "through written, recorded, or electronic communication." Comment 3 confirms that "electronic media, such as the Internet, can be an important source of information about legal services." Thus, this only solidifies the fact that 7.2 and, therefore 7.1, apply to internet legal marketing.

In addition, Comment 2 for Rule 7.2 provides further information regarding what can actually be included in these advertisements; for our purposes, websites and blogs. It permits the following: Information concerning a lawyer's name or law firm, address, and telephone number; the kinds of services the lawyer will undertake; the basis on which the lawyer's fees are determined, including pricing for specific services and payment or credit arrangements; a lawyer's foreign language ability; name of references; and a catch-all for all other information that might invite the attention of those seeking legal assistance.

However, there is a caveat! First, your state may actually have additional requirements. For instance, New York only permits foreign language ability if "fluent" and not just as for a general ability. Therefore, you might be complying with the persuasive ABA Rule, but in violation with the mandatory state rule (in this case, New York). Second, this Comment is also misleading. Sub(c) under Rule 7.2 actually requires that a communication--such as an advertisement which we now know includes an attorney or law firm's website--to contain the name and office address of at least one lawyer of the firm or the actual firm itself.

Rule 7.3 is entitled "Direct Contact with Prospective Clients" and deals more so with solicitation--as opposed to advertising--to prospective clients. But, if the attorney or law firm has a mailing list or sends out a newsletter via e-mail, this rule can also be applicable to past clients are well! The rule prohibits in-person and live telephone calls to prospective clients, which includes "real-time electronic contact[s]," that involving advertising an attorney's services in hopes or retention. Further, this rule requires that every e-mail sent must include "Advertising Material" at the beginning and end of the transmission. Moreover, this rule provides an exception for family, close friends, or past clients,

That is, unless another exception applies. Rule 7.3 still prohibits a lawyer from sending, for example an e-mail newsletter, to another person if that person has either 1) "made it known" they do not want to be solicited or if the communication 2) contains "coercion, duress or harassment." Meaning, if a past client tells you they want to be unsubscribed from an e-mail mailing list, and you fail to do so, you will be in violation of this rule just as much as if you directly communicated with a prospective client!

Additionally, you may be able to extrapolate this rule to other aspects of social media. There is a seasonable argument that an attorney who directly sends a Facebook Friend message or "Friend Request" to the prospective client hoping for them to "Like" the attorney's professional page might constitute a violation of this rule. Even if it does not generally violate this rule, if the prospective client rejects the first request and the attorney sends a second "Friend Request," is the attorney now in violation of this rule? Arguably it would appear so!

Finally, the last rule that really applies directly to internet marketing such as attorney websites and blogs is Rule 7.5; "Firm Names and Letterheads." Even though it does not appear that this rule applies, looking at the Comments clearly shows that it does. Specifically, Comment 1 directly remarks that firm names include website addresses. Further, it refers back to Rule 7.1 and reminds us that website addresses cannot be false or misleading. In effect, this means that an attorney or law firm cannot make their domain name "http://www.WinEveryTime.com" or something of that effect.

Yet, the Comments do permit trade names in a website address such as the example "Springfield Legal Clinic." But duly note, the United States Supreme Court has ruled that state legislation may prohibit the use of trade names in professional practices if they deem fit. So this is another state-specific area for the attorney or law firm to review.

In conclusion, even though law has typically lagged behind in adopting such advancements like technology, there are still ample provisions in the ABA Rules to guide an attorney or law firm to comply with internet marketing. More and more legal professions will branch out on the internet, which will create a greater need for more ethical regulation. Yet for now, with the ABA Rules as a guidepost, a profession should understand their obligations in creating, managing, and promotion their legal practice on the internet through websites and blogs.

Interested in marketing your law practice on the internet? One of the best ways to do this is by using a legal blog to expand your net presence to attract new clients. However, practicing law is demanding and the time required to thoroughly and constantly update your blog is not enough.

More and more attorneys are turning to online legal content writers to do this for them. Mr. Battaglia is founder and managing member of NAB Legal Marketing, LLC which provides such a service to law firms and solo practitioners alike. If you are interested in either learning more about internet marketing or our services, please do not hesitate to contact us at inquiries@NABLegalMarketing.com. Also, visit our website at http://www.nablegalmarketing.com/. You can also "Like" us on Facebook or follow us on Twitter!

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Rules of Medical Eligibility for Disability Applicants

Your proof of disability, as defined by the Social Security Administration (SSA), is one of the most important criteria for you to become eligible of receiving disability benefits under either the Social Security Disability Insurance (SSDI) or the Supplemental Security Income (SSI). You must have worked enough to be entitled work credits for you to be deemed "insured" for the SSDI. If you are applying for SSI, meanwhile, you must have limited income and resources.

You should remember that the SSDI is open for all regular employees and self-employed individuals. While enrolled in the program, you are being paid monetary benefits and health assistance on the basis of your work credits and the severity of your disability. The SSI, on the other hand, is open for persons with disability, elderly people aged 65 and older, and the blind. The monthly SSI benefits will be primarily based on your limited income and resources.

Medical eligibility

Your eligibility to receive either SSDI or SSI benefits depends on the evidentiary records that you need to file with the SSA. One of these records is that of your physical or mental condition. Because the SSA has its own disability definition, it is important that you provide medical records, as these will prove to the SSA that your medical condition is the reason why you cannot perform your work.

In applying for a Social Security disability claim, you must establish it containing fully-accomplished SSA application forms and evidentiary requirements. It is worth noting, though, that the review of your claim and the determination don't rest solely on the hands of the SSA. The Disability Determination Services (DDS) will likewise evaluate your claim.

The DDS is a state agency that reviews disability claims, especially on the aspect of claimants' medical conditions. Their role is to determine if your condition is severe enough to merit disability benefits. A vital part of the DDS' review of your claim is with their use of the List of Impairments or the "Blue Book".

The "Blue Book" is a manual that lists all of the physical and mental conditions that will prevent someone to do substantial work. The DDS's role is to see if your condition matches any of the listed impairments on the manual. If so, you are automatically eligible for benefits. If not, the DDS will match the severity of your disability with that listed on the "Blue Book".

Aside from the usage of the "Blue Book", the DDS will also review your claim and will try to determine if it is possible for you to continue the work you have before you became disabled. If the DDS determines that you cannot do your current work, the DDS will then try to see if you can perform any other kind of work on the basis of your age, educational attainment, and limitations.

Ashley is an online writer. She spends so much time in internet surfing and reading about legal/law matters. She is an advocate of rights and dedicated on writing social security disability attorneys and California disability lawyer articles to date.

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