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Are Lawyers Blogs Advertising
Law-related blogs (“blawgs”, as some call them) are becoming a common method of reviewing and discussing legal issues. Lawyers use such blogs to keep clients, other lawyers, and the public informed and up to date on legal developments. Even though law blogs generally discuss legal issues, they all, to a greater or lesser extent, act as a form of marketing and promotion for the lawyer or law firm who publishes them. For this reason, law blogs in some jurisdictions are running up against the rules which govern how and when lawyers may advertise their services.
On one level, a law blog may appear no different from a newsletter or paper discussing a recent case or some new legislation. However, some legal governing bodies take the position that blogs are subject to their advertising rules. For example, Kentucky’s Attorney’s Advertising Commission broadly defines “advertising” as almost any communication to the public by a lawyer that contains any information about the lawyer or the lawyer’s practice. This definition includes conventional radio or print advertising, but also extends to websites and, as was recently decided, blogs. The Kentucky Commission (which requires that every advertisement be submitted for approval, along with a $50 fee) decided that any blog that links to a lawyer’s biographical information must be submitted with a one-time fee. The Commission can also demand to review a blog if it decides that the blog is not legitimate journalism.
The response to legal blogs varies between jurisdictions. Some law societies have not found it necessary to address legal blogs; others are updating their advertising guidelines to address electronic communications in general. In the end, the legal blog issue demonstrates that changes in communication technology and how people distribute and receive information will also change the way that lawyers themselves communicate. Whether the regulations that apply to lawyers will have to change as well, or whether existing rules can be adapted and applied to new technology and communication techniques, is a question still to be addressed.
For additional information, visit:
http://www.chicagotribune.com/business/chi-0611070249nov07,0,7074178.story