The Standing Committee on Professional Responsibility of the State Bar of California recently issued an advisory opinion on whether “blogging” by an attorney is, or should be, subject to the requirements and restrictions of the Rules of Professional Conduct and related provisions of the State Bar Act regulating attorney advertising. The answer, summarized below, is pretty straight forward and are pretty much what I suggested would be the logical answer to the question when I first blogged about it a few years ago (here).
The opinion is available here and the summary is as follows:
Blogging by an attorney is subject to the requirements and restrictions of the Rules
of Professional Conduct and the State Bar Act relating to lawyer
advertising if the
through words of invitation or
offer to provide legal services
, or implicitly through
its description of
the type and character of legal services offered by
detailed descriptions of case results, or both.
subject to the rules regulating attorney advertising to the same extent as the website
of which it is a part.
[that] otherwise express[es] the attorney’s availability for professional employment will not
become subject to the rules regulating attorney advertising simply [even if] the blog
contains a link to the attorney or law firm’s professional