The Social Media Law Blog is a forum for lawyers, compliance personnel, human resources managers, and other professionals who are struggling with the legal implications of social media across a broad variety of topics. Working professionals and Bloomberg BNA editors may share ideas, raise issues, and network with colleagues to build a community of knowledge on this rapidly evolving topic. The ideas presented here are those of individuals, and Bloomberg BNA bears no responsibility for the appropriateness or accuracy of the communications between group members.
Monday, June 4, 2012
by Barbara Yuill
"Case finally over. Unanimous verdict! Celebrating tonight."
"Another great victory in court today! My client is delighted. Who wants to be next?"
"Won a million dollar verdict. Tell your friends and check out my website."
"Won another personal injury case. Call me for a free consultation."
"Just published an article on wage and hour breaks. Let me know if you would like a copy."
Are these self-congratulatory raves, posted over a one month period by an enthused (but hypothetical) attorney to 500 friends and professional contacts on her personal social media site, actually advertisements?
If so, they could be subject to the California Rules of Professional Conduct Rules and Business and Professional Code.
We'll have an answer after the California State Bar's Standing Committee on Professional Responsibility and Conduct considers comments it has requested on advisory Draft Proposed Formal OpinionInterim No. 10-000, which raises the hypothetical of the attorney's postings about her winning streak and asks when attorney social media postings are "subject to professional responsibility rules and standards governing attorney advertising?"
Although attorneys may advertise, the standing committee said in the draft opinion, they may not make false, misleading or deceptive statements, including guarantees or warrantees of the outcome of a case.
It did say, however, say that these comments probably did not run afoul of conduct rules:
"Another great victory in court today!
The rest did not appear to pass muster.
Comments on the proposed opinion are due July 2, see http://www.calbar.ca.gov/AboutUs/PublicComment/201207.aspx In the meantime, the bar committee made clear that the proposed opinion was advisory only and non-binding.
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