Directories
Hornsby, William (NET10!PO10!HornsbyW@aba.attmail.com)
Tue, 4 Jun 1996 23:37:36 -0400 (EDT)
Date: Tue, 4 Jun 1996 23:37:36 -0400 (EDT)
Message-Id: <199606050337.XAA04745@foyer.homecom.com>
From: NET10!PO10!HornsbyW@aba.attmail.com (Hornsby, William)
Subject: Directories
Regarding the application of ethical rules to directories, the rules of
nearly every state address the "communication of legal services" and, to
this extent, cover directories, at least in theory. However, there are some
"outs" here. Several states, including those with the most restrictive
rules, have safe harbor provisions. That is, if the communication limits
its content to only certain prescribed information, such as name, location,
office hours, etc., the lawyer is not required to follow other technical
rules such as the inclusion of disclaimers.
The other common exemption, which has generally applied to
Martindale-Hubble, is when the communication is from one lawyer to another.
Although there is no exemption in the rules themselves, there is an ABA
ethics opinion, and I believe some from various states, indicating that
advertisements from one lawyer to another need not follow the techical
rules. Some states have probably assumed M-H is generally a
lawyer-to-lawyer tool. What happens when they go on-line?
For the question of electronic "directories" targeted toward consumers, or
'net referral mechanisms, the safe harbor provisions could give some
protection, but the lawyer-to-lawyer exemption clearly would not apply.
I am on a listserv of law firm marketers and they have recently discussed
directories from the viewpoint of effectiveness. They seemed to regard
directories other than M-H as little more than devices designed to enrich
the publishers at the expense of those paying to be listed. No one was able
to point to results. No one expressed any concern about regulatory
compliance either.
Incidentally, Joshua asked if anyone has yet been disciplinced for ethically
violations on the Internet. I am checking this with the National
Organization of Bar Counsel. So far, I have not found any enforcement
efforts. If anyone else comes across anything, please share it.
Will Hornsby
ABA Commission on Advertising
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