Ce diaporama a bien été signalé.
Nous utilisons votre profil LinkedIn et vos données d’activité pour vous proposer des publicités personnalisées et pertinentes. Vous pouvez changer vos préférences de publicités à tout moment.
A Series of Tubes@scottwolfejr
Additional Written Materialshttp://delicious.com/stacks/view/C9ACYi#m=full            http://zlien.us/oU5G3S
“   The Internet is not    something that you just    dump something on. It’s    not a big truck. It’s a    series of tube...
Topics For TodayIntersection of the www & ethics• Confidentiality• Duties to Clients and Others• Advertising & Marketing
What Are You Doing?
What Are You Doing?
Rule 1.6:Confidentiality of Information (a) A lawyer shall not reveal information relating to the representation of a clien...
Lawyer Faces Discipline Over Blog Post                               http://bit.ly/1xFzIH“   A former Illinois assistant p...
Virginia Lawyer Blogging About His Cases                                      http://zlien.us/ors3oL“Can newspapers report...
Your Client
Your Client “But the fact that something isn’t privileged or confidential doesn’t mean that we, as criminal-   defense lawy...
Rule 3.3Candor Toward The Tribunal           (a) A lawyer shall not           knowingly:           (1) make a false       ...
Lawyers Beware: Judges May Be              Watching You on Social Media                           http://zlien.us/qHDxlu“ ...
http://bit.ly/31GDiState bar authoritiesin Florida have finedtrial lawyer $1,200for criticizing judgeon a blog...Amongother...
A Legal Battle:Online Attitudes v. Rules of the Barhttp://bit.ly/3A1lMz
Rule 1.18:Duties to Prospective Client    (a) A person who discusses with a    lawyer the possibility of forming a    clie...
“   Online legal matching services have    the potential to reduce consumers’ costs    for finding legal representation, wh...
Rule 3.5         Impartiality and DecorumA lawyer shall not:(a) seek to influence a judge, juror, prospective juroror other...
Florida Bans Judge’s From “Friending” Lawyers                               http://zlien.us/oodEHL
Ohio Judges CAN Friend Lawyers                    http://zlien.us/pxrp4Q
Jurors Tweeting at trial....
Lawyers Tweeting at trial...
Rule 4                         Truth & RespectRule 4.1: Lawyer shall not make false statement offact or law to third perso...
Friending an Adverse Witness for Info                  Could Violate Ethics Rules                                 http://b...
Florida Board of Bar ExaminersMaybe Watching...http://bit.ly/PUFpA   “      The FBBE’s Character and Fitness          Comm...
Advertising
Bates v. State Bar of Arizona                          (US 1977) Lawyer advertising is constitutionally protected speech. ...
Summary of Constitutional PrinciplesNon-Commercial Speech                       Non-Invasive Speech   Invasive Speech     ...
Summary of Constitutional PrinciplesNon-Commercial Speech   Non-Invasive Speech                                         Sh...
Summary of Constitutional PrinciplesNon-Commercial Speech   Non-Invasive Speech                                         Sh...
Summary of Constitutional PrinciplesNon-Commercial Speech   Non-Invasive Speech                                         Sh...
Outline of Traditional RulesRule 7.1 - Prohibits false or misleading communicationsRule 7.2 - time, place, manner restrict...
Louisiana Proposed Rules for   Internet Communications
Louisiana Proposed Rules for   Internet Communications“7.6(a)         ‘computer accessed communications’ are         define...
http://zlien.us/n5CmhI
Florida Rules for Internet         Communications             http://zlien.us/qgIG7S
Florida Rules for Internet             Communications“    Under the guidelines, a lawyer would be    permitted to have tru...
What is...Advertising?
Web      Images   Maps    News    Shopping   Gmail   more !                                                               ...
Web      Images   Maps    News    Shopping   Gmail   more !                                                               ...
2008 - $160.63! 5 Ad Groups!15 Ad Variations!    $2,625!
Title: 25 Characters Ad: up to 35 CharactersAd: up to 35 CharactersLink: up to 35 Characters
Title: 25 Characters                          Ad: up to 35 Characters                         Ad: up to 35 Characters     ...
Blogs  Are ArticlesAdvertisements?
One: Thought Leader
Two: Journalist?
Virginia Lawyer Blogging About His Cases                                       http://zlien.us/ors3oL“   [Hunter] did not ...
Three: To Make Political Points?
http://en.wikipedia.org/wiki/Social_media_marketing
Why Am I Doing All This?
Why Am I Doing All This?
Summary of Constitutional PrinciplesNon-Commercial Speech         Non-Invasive Speech   Invasive Speech         Commercial...
The South Carolina Bar’s Advisory Opinionsays it’s ethically permissible for lawyers toclaim their posted listing but then...
We’re living in atestimonial world, andlawyers are becoming   testimonial girls.
You be the judge. Write a lawyer review                                                                        Sign in   L...
You be the judge. Write a lawyer review                                                                        Sign in   L...
RSS SyndicationUsers Can Subscribed to FeedsFeeds Imported Into OtherWebsitesFeeds Emailed
How to Stop All This Talking?
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Ethical Dilemmas and Web Marketing
Prochain SlideShare
Chargement dans…5
×

Ethical Dilemmas and Web Marketing

924 vues

Publié le

Slides from the October 22, 2011 Skills Course at Loyola University College of Law New Orleans, that discusses the ethical dilemmas of marketing online...and just being online. Delicious links and commentary available at: http://delicious.com/stacks/view/C9ACYi

Publié dans : Formation
  • Soyez le premier à commenter

  • Soyez le premier à aimer ceci

Ethical Dilemmas and Web Marketing

  1. 1. A Series of Tubes@scottwolfejr
  2. 2. Additional Written Materialshttp://delicious.com/stacks/view/C9ACYi#m=full http://zlien.us/oU5G3S
  3. 3. “ The Internet is not something that you just dump something on. It’s not a big truck. It’s a series of tubes. Former U.S. Senator Ted Stevens June 28, 2006 - Debating Net Neutrality Bill http://www.thedailyshow.com/watch/wed-july-12-2006/headlines---internet?xrs=share_copy
  4. 4. Topics For TodayIntersection of the www & ethics• Confidentiality• Duties to Clients and Others• Advertising & Marketing
  5. 5. What Are You Doing?
  6. 6. What Are You Doing?
  7. 7. Rule 1.6:Confidentiality of Information (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.
  8. 8. Lawyer Faces Discipline Over Blog Post http://bit.ly/1xFzIH“ A former Illinois assistant public defender faces disciplinary charges over postings to her blog that may have exposed client confidences and revealed her complicity in a client’s fraud on a court.
  9. 9. Virginia Lawyer Blogging About His Cases http://zlien.us/ors3oL“Can newspapers report on criminal trials? Yes, absolutely they can. Can (Hunter) then go back and report on his own cases [that are in public domain]. No, absolutely not. - Virginia bar counsel Horace Hunter
  10. 10. Your Client
  11. 11. Your Client “But the fact that something isn’t privileged or confidential doesn’t mean that we, as criminal- defense lawyers, should reveal it freely. Our clients very rarely have anything to gain fromseeing their criminal cases get more googlable.” http://zlien.us/oTPlwX
  12. 12. Rule 3.3Candor Toward The Tribunal (a) A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal...
  13. 13. Lawyers Beware: Judges May Be Watching You on Social Media http://zlien.us/qHDxlu“ Judge Criss (Galveston, TX) recalled a lawyer telling her she needed a continuance because of a death in the family....but found out on her facebook account that she had been partying that same week. The judge denied the request.
  14. 14. http://bit.ly/31GDiState bar authoritiesin Florida have finedtrial lawyer $1,200for criticizing judgeon a blog...Amongother remarks...calledthe judge an "evil,unfair witch."
  15. 15. A Legal Battle:Online Attitudes v. Rules of the Barhttp://bit.ly/3A1lMz
  16. 16. Rule 1.18:Duties to Prospective Client (a) A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.
  17. 17. “ Online legal matching services have the potential to reduce consumers’ costs for finding legal representation, which would likely increase competition among attorneys to provide legal services. USA Federal Trade Commission 2006 Letter to New York Bar Association in Opposition to Proposed Advertising Rules
  18. 18. Rule 3.5 Impartiality and DecorumA lawyer shall not:(a) seek to influence a judge, juror, prospective juroror other official by means prohibited by law;(b) communicate ex parte with such person duringthe proceeding...
  19. 19. Florida Bans Judge’s From “Friending” Lawyers http://zlien.us/oodEHL
  20. 20. Ohio Judges CAN Friend Lawyers http://zlien.us/pxrp4Q
  21. 21. Jurors Tweeting at trial....
  22. 22. Lawyers Tweeting at trial...
  23. 23. Rule 4 Truth & RespectRule 4.1: Lawyer shall not make false statement offact or law to third person...Rule 4.4: Lawyer shall not use means or methods ofobtaining evidence that violate the legal rights of aperson.
  24. 24. Friending an Adverse Witness for Info Could Violate Ethics Rules http://bit.ly/15yf90“ Deception is deception, regardless of the victim’s awareness in her interactions on the Internet and susceptibility to being deceived.
  25. 25. Florida Board of Bar ExaminersMaybe Watching...http://bit.ly/PUFpA “ The FBBE’s Character and Fitness Commission had recommended in its final report that the board consider expanding its current review of personal Web sites during background investigations
  26. 26. Advertising
  27. 27. Bates v. State Bar of Arizona (US 1977) Lawyer advertising is constitutionally protected speech. It cannot be completely banned, but may be subject to restrictions regarding “time, place and manner.”
  28. 28. Summary of Constitutional PrinciplesNon-Commercial Speech Non-Invasive Speech Invasive Speech Shapero Letter Commercial Speech
  29. 29. Summary of Constitutional PrinciplesNon-Commercial Speech Non-Invasive Speech Shapero Letter? Invasive Speech Commercial Speech
  30. 30. Summary of Constitutional PrinciplesNon-Commercial Speech Non-Invasive Speech Shapero Letter? Tv or Radio? Invasive Speech Commercial Speech
  31. 31. Summary of Constitutional PrinciplesNon-Commercial Speech Non-Invasive Speech Shapero Letter? Tv or Radio? Internet? Invasive Speech Commercial Speech
  32. 32. Outline of Traditional RulesRule 7.1 - Prohibits false or misleading communicationsRule 7.2 - time, place, manner restrictions on lawyeradvertisingRule 7.3 - further limits in-person and targetedsolicitationsRule 7.4 - restricts advertising fields of practice andspecialitiesRule 7.5 - firm names and letterhead
  33. 33. Louisiana Proposed Rules for Internet Communications
  34. 34. Louisiana Proposed Rules for Internet Communications“7.6(a) ‘computer accessed communications’ are defined as information regarding a lawyer’s or law firm’s services that is read, viewed, or heard directly through the use of a computer.
  35. 35. http://zlien.us/n5CmhI
  36. 36. Florida Rules for Internet Communications http://zlien.us/qgIG7S
  37. 37. Florida Rules for Internet Communications“ Under the guidelines, a lawyer would be permitted to have truthful information, including testimonials and past results, if accessible to a viewer only by going through a disclaimer page that requires the viewer to read and acknowledge receipt of specific disclaimers about the information posted on the page. http://zlien.us/qgIG7S
  38. 38. What is...Advertising?
  39. 39. Web Images Maps News Shopping Gmail more ! Sign inGoogle Advanced Search new orleans attorney Search PreferencesWeb Maps Results 1 - 10 of about 5,570,000 for new orleans attorney. (0.16 seconds)New Orleans Attorney Sponsored Links Sponsored Linksonypc.com/charbonnet-law-firm-llc Do You Need a Trusty Lawyer? Contact Us Today to GetLegal Help. LA Insurance Lawyer Need An Insurance Attorney? CallDiGiulio Utley, LLC For Help With Your Insurance Case.www.digiulioutley.com New Orleans Personal Injury and Criminal Defense Attorneys www.HardieLaw.com Show map of 422 Notre Dame Street, New Orleans, LA The Young FirmNew Orleans Attorney Free Cons. Attorney In New Orleanswww.lawyers.com Attorneys by Location & Specialty Visit Lawyers.com Today. Exp. & Aggressive Trial Attorneys. TheYoungFirm.comLocal business results for attorney near New Orleans, LA 400 Poydras Street, New Orleans, LA A. Adams Hoefer Holwadel Eldridge - www.ahhelaw.com - Daniel E. Becnel Jr. (504) 581-2606 - More Personal Injury & Class Actions B. Catherine Lampard-Naccari, Attorney - www.nola-law.com - Nationally recognized attorney (504) 525-4361 - More www.BecnelLaw.com C. James L. Arruebarrena, Attorney at Law, LLC - Louisiana wwww.louisianainjuries.com - (504) 525-2520 - More D. Bloom Legal - New Orleans Lawyer - www.bloomlegal.com - Dale Maas (504) 599-9997 - More Attorney at Law E. Bain Steven E Attorney at Law LLC - www.lawelder.com - Pro Law Corporation (504) 585-7942 - More www.LocalAdLink.com F. Rowe Robert E Attorney - weilerreestaxlaw.com - (504) 524-2944 - More DAmico Frank J G. Mc Glinchey Stafford PLLC - www.mcglinchey.com - Law Offices of Frank J DAmico Jr. (504) 586-1200 - More Personal Injury, Katrina, Insurance H. Jones Walker Law Firm - www.joneswalker.com - (504) 582-8000 - damicolaw.net More 622 Baronne St # 2, New Orleans, LA I. Phelps Dunbar Llp: Alessandra M Nan - www.phelpsdunbar.com - (504) 566-1311 - More New Orleans Injury Help J. Milling Benson Woodward LLP - www.millinglaw.com - Talk To An Injury Lawyer In Your (504) 569-7000 - 1 review Area. Sign Up For A Free Consult! More results near New Orleans, LA » www.InjuryHelplineAttorney.comNew Orleans Lawyer Directory: Attorneys, Lawyers, Law Firms Talk To An Attorney NowNew Orleans Lawyer Directory provides an easy way to find New Orleans attorneys/ Free Attorney Matching Servicelawyers, court reporters, private investigators, process servers & other ... Fill Out a Form & Attorneys Respondneworleans.lawinfo.com/ - 79k - Cached - Similar pages www.FindLawyersAttorneys.com
  40. 40. Web Images Maps News Shopping Gmail more ! Sign inGoogle Advanced Search new orleans attorney Search PreferencesWeb Maps Results 1 - 10 of about 5,570,000 for new orleans attorney. (0.16 seconds)New Orleans Attorney Sponsored Links Sponsored Linksonypc.com/charbonnet-law-firm-llc Do You Need a Trusty Lawyer? Contact Us Today to GetLegal Help. LA Insurance Lawyer Need An Insurance Attorney? CallDiGiulio Utley, LLC For Help With Your Insurance Case.www.digiulioutley.com New Orleans Personal Injury and Criminal Defense Attorneys www.HardieLaw.com Show map of 422 Notre Dame Street, New Orleans, LA The Young FirmNew Orleans Attorney Free Cons. Attorney In New Orleanswww.lawyers.com Attorneys by Location & Specialty Visit Lawyers.com Today. Exp. & Aggressive Trial Attorneys. TheYoungFirm.comLocal business results for attorney near New Orleans, LA 400 Poydras Street, New Orleans, LA A. Adams Hoefer Holwadel Eldridge - www.ahhelaw.com - Daniel E. Becnel Jr. (504) 581-2606 - More Personal Injury & Class Actions B. Catherine Lampard-Naccari, Attorney - www.nola-law.com - Nationally recognized attorney (504) 525-4361 - More www.BecnelLaw.com C. James L. Arruebarrena, Attorney at Law, LLC - Louisiana wwww.louisianainjuries.com - (504) 525-2520 - More D. Bloom Legal - New Orleans Lawyer - www.bloomlegal.com - Dale Maas (504) 599-9997 - More Attorney at Law E. Bain Steven E Attorney at Law LLC - www.lawelder.com - Pro Law Corporation (504) 585-7942 - More www.LocalAdLink.com F. Rowe Robert E Attorney - weilerreestaxlaw.com - (504) 524-2944 - More DAmico Frank J G. Mc Glinchey Stafford PLLC - www.mcglinchey.com - Law Offices of Frank J DAmico Jr. (504) 586-1200 - More Personal Injury, Katrina, Insurance H. Jones Walker Law Firm - www.joneswalker.com - (504) 582-8000 - damicolaw.net More 622 Baronne St # 2, New Orleans, LA I. Phelps Dunbar Llp: Alessandra M Nan - www.phelpsdunbar.com - (504) 566-1311 - More New Orleans Injury Help J. Milling Benson Woodward LLP - www.millinglaw.com - Talk To An Injury Lawyer In Your (504) 569-7000 - 1 review Area. Sign Up For A Free Consult! More results near New Orleans, LA » www.InjuryHelplineAttorney.comNew Orleans Lawyer Directory: Attorneys, Lawyers, Law Firms Talk To An Attorney NowNew Orleans Lawyer Directory provides an easy way to find New Orleans attorneys/ Free Attorney Matching Servicelawyers, court reporters, private investigators, process servers & other ... Fill Out a Form & Attorneys Respondneworleans.lawinfo.com/ - 79k - Cached - Similar pages www.FindLawyersAttorneys.com
  41. 41. 2008 - $160.63! 5 Ad Groups!15 Ad Variations! $2,625!
  42. 42. Title: 25 Characters Ad: up to 35 CharactersAd: up to 35 CharactersLink: up to 35 Characters
  43. 43. Title: 25 Characters Ad: up to 35 Characters Ad: up to 35 Characters Link: up to 35 CharactersRule 7.2(a): Required Content Of Advertisement (1) Name of Lawyer (2) Location of Practice
  44. 44. Blogs Are ArticlesAdvertisements?
  45. 45. One: Thought Leader
  46. 46. Two: Journalist?
  47. 47. Virginia Lawyer Blogging About His Cases http://zlien.us/ors3oL“ [Hunter] did not want to publish the disclaimer because "its not what I want to say. It cheapens the speech when I have to put in front of it, Oh, by the way, this is for advertising. Horace Hunter
  48. 48. Three: To Make Political Points?
  49. 49. http://en.wikipedia.org/wiki/Social_media_marketing
  50. 50. Why Am I Doing All This?
  51. 51. Why Am I Doing All This?
  52. 52. Summary of Constitutional PrinciplesNon-Commercial Speech Non-Invasive Speech Invasive Speech Commercial Speech
  53. 53. The South Carolina Bar’s Advisory Opinionsays it’s ethically permissible for lawyers toclaim their posted listing but then turnsaround and states that a lawyer who adoptsor endorses information on any similar website becomes responsible for conforming allinformation in the lawyer’s listing to theRules of Professional Conduct. http://zlien.us/oYT4uq
  54. 54. We’re living in atestimonial world, andlawyers are becoming testimonial girls.
  55. 55. You be the judge. Write a lawyer review Sign in Legal Guides Answers & Advice Lawyer Search Search Legal topic Location City and state -OR- ZIP Find guidesHome > Legal Guides > Disputing a Construction Lien in Washington State E-mailDisputing a Construction Lien in Washington State Print Scott G Wolfe JRPosted in Construction / Development. Jurisdiction: Washington Add to listTo file a construction lien against your property, a contractor must meet certain legal prequalifications. Countyrecorders, however, are required to file construction lien instruments presented to them, regardless of a contractors Other Legal Guides on Constructionlegal ability. The result? A construction lien may be placed against your property improperly. In Washington, like inmost states, there is a defined manner of disputing the validity of a construction lien. Construction/Development Overview Construction Accidents in WashingtonIs the lien frivolous? StateLiens subject to forced removal are termed "frivolous liens" by Washington law. According to a Washington statute, alien is frivolous "if it is made without reasonable cause or clearly excessive." Filing a Construction Lien in WashingtonPractically speaking, this breaks down invalid liens into two categories: State1) Circumstances when the lien was filed without following technical substantive or procedure rules of lien Construction Liens in Washington State2) Circumstances when the lien is clearly devoid of any merit whatsoever Subcontractor: how to file a constructionRegarding the first category of frivolous liens, the following are some common mistakes: lien on a single-family residential project Failure to adequately describe the property in the lien (i.e., filing without a legal property description). in Wisconsin Failure to provide the proper required notices. Notice is required from the claimant in some circumstances, but not See more related Legal Guides all. Failure to meet all of the statutory content requirements. The law is specific as to what must be identified in a
  56. 56. You be the judge. Write a lawyer review Sign in Legal Guides Answers & Advice Lawyer Search Search Legal topic Location City and state -OR- ZIP Find guidesHome > Legal Guides > Disputing a Construction Lien in Washington State E-mailDisputing a Construction Lien in Washington State Print Scott G Wolfe JRPosted in Construction / Development. Jurisdiction: Washington Add to listTo file a construction lien against your property, a contractor must meet certain legal prequalifications. Countyrecorders, however, are required to file construction lien instruments presented to them, regardless of a contractors Other Legal Guides on Constructionlegal ability. The result? A construction lien may be placed against your property improperly. In Washington, like inmost states, there is a defined manner of disputing the validity of a construction lien. Construction/Development Overview Construction Accidents in WashingtonIs the lien frivolous? StateLiens subject to forced removal are termed "frivolous liens" by Washington law. According to a Washington statute, alien is frivolous "if it is made without reasonable cause or clearly excessive." Filing a Construction Lien in WashingtonPractically speaking, this breaks down invalid liens into two categories: State1) Circumstances when the lien was filed without following technical substantive or procedure rules of lien Construction Liens in Washington State2) Circumstances when the lien is clearly devoid of any merit whatsoever Subcontractor: how to file a constructionRegarding the first category of frivolous liens, the following are some common mistakes: lien on a single-family residential project Failure to adequately describe the property in the lien (i.e., filing without a legal property description). in Wisconsin Failure to provide the proper required notices. Notice is required from the claimant in some circumstances, but not See more related Legal Guides all. Failure to meet all of the statutory content requirements. The law is specific as to what must be identified in a
  57. 57. RSS SyndicationUsers Can Subscribed to FeedsFeeds Imported Into OtherWebsitesFeeds Emailed
  58. 58. How to Stop All This Talking?

×