Wednesday, August 8, 2018

Comments on the amendments to ABA rules on lawyer advertising

As I reported yesterday, the ABA just approved amendments to the Model Rules on advertising and solicitation.  I think the amendments are very good, and will encourage states to revise their own rules which hopefully will lead to more consistency among jurisdictions.

McCabe law offers a good summary of the changes here.  Brian Faughnan on Ethics has a short comment here.

Interestingly, not everyone is happy with the amendments.  The former counsel for Avvo, for example, thinks the amendments don't go far enough.  (He has suggested eliminating rule 7.2 entirely, something I don't agree with.)

Likewise, My Shingle concludes that "The bar needs leadership and action on these questions, not scriveners to reorganize paragraphs (message to ABA: computers can do that now!).  If these tepid rule changes are the best that the ABA can do, then we should just let the organization die on the vine right now, because it simply doesn’t have the ability to lead lawyers into the future."

Here is a video of the presentation to the House of Delegates.  The amendments are summarized quickly starting at the 6:10 minute mark.  If you can't see the video below, you can watch it here.


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