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Tuesday, December 12, 2006

Ben Cowgill's Legal Ethics Newsletter

 
Highlights from recent posts

Ethical Risks of Law Firm Websites and Blogs: a CLE teleconference on Thursday, December 14th

"...I will be one of three presenters in a CLE teleconference at 1:00 p.m. ET this Thursday, December 14, titled "Ethical Risks of Law Firm Websites and Blogs: Staying on the Right Side of the Ethics Line." ... The other presenters are John Steele, Ethics and Conflicts Director and Special Counsel at Fish & Richardson P.C. in Silicon Valley, and Brett J. Trout, former president of the Iowa Intellectual Property Association and author of the book, Internet Laws Affecting Your Company. ..."

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Chicago Tribune article discusses ethical aspects of lawyer blogs

"...I was pleased to be quoted in yesterday's edition of the Chicago Tribune, in an article discussing ethical aspects of blogs published by practicing lawyers ... The article recounts the story of how I succeeded in bringing clarity to the regulation of lawyer blogs in Kentucky when I launched this blog as a "test case" early last year. ..."

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Federal court finds portions of Kentucky's Code of Judicial Conduct unconstitutional, issues injunction against Judicial Conduct Commission, Inquiry Commission and Bar Counsel

"...In an Opinion and Order issued today, United States District Judge Karen K. Caldwell held that two provisions of Kentucky's Code of Judicial Conduct are unconstitutional. She therefore granted a Motion for Preliminary Injunction, enjoining the Judicial Conduct Commission and decision-makers in Kentucky's attorney disciplinary system from taking any steps to enforce those provisions...."

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Update: Is the Kentucky Advertising Commission limiting advertisements about ComAir 5191 consistently?

"...If a newspaper ad by a Lexington law firm violates the Rule, does the web site of a "national" law firm violate the Rule as well?..."

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Attorney General cautions lawyers about contacting families of ComAir 5191 victims

"...It should be apparent from other posts on this blog that I generally respect the rights of other lawyers to advertise their services as they choose, within the boundaries of the law. That does not mean that I condone the behavior of any lawyer who directly solicits employment from people in their time of grief. . . . The Kentucky Rules and the federal statute both permit the lawyer to make direct contact with those people in an appropriate manner, subject to various requirements, after a specified period of respect for their privacy...."

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Update: How Kentucky's Attorney Advertising Commission is now treating blogs by Kentucky lawyers

"...Some of my readers have asked me to post an update on how Kentucky's Attorney Advertising Commission is treating law-related blogs published by Kentucky lawyers. . . . The short answer is that the Commission has adopted a fair and sensible approach...."

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New Jersey Supreme Court stays prohibition on 'Super Lawyer' advertisements

"...The New Jersey opinion has prompted commentary throughout the legal profession and on law-related blogs. Here, in the great tradition of free speech, is what I would add to the mix..."

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Law-related blogs are beginning to make an impact on legal scholarship and judicial decisions

"...There is growing evidence that law-related weblogs ("blawgs") are hitting the mainstream as a source of information about the law -- and that the courts are paying attention..."

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Making sense of metadata: a mega-list of links for lawyers

"...I thought I would take a moment to pass along my own "working list" of links to on-line resources about metadata..."

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Nevada ethics committee approves outsourcing of client data management

"...The State Bar of Nevada has issued a formal ethics opinion holding that it is ethically permissible for a law firm to store electronic client records on a remote server under the control of a third party, without obtaining client......"

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Kansas lawyer disciplined for 'rounding up' time entries

"...Earlier this month the Supreme Court of Kansas held that a lawyer was guilty of professional misconduct when he rounded up his time entries on a client's matter, even though the lawyer claimed that he had rounded up by no......"

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Arkansas Bar rejects malpractice insurance disclosure rule

"...On January 21 the Arkansas Bar Association rejected a proposed rule which would have required members of the Arkansas Bar to certify whether they carry professional liability insurance. The proposal had been drafted by the Bar's Professionalism Task Force and......"

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Colorado holds that Consumer Protection Act applies to lawyer advertising

"...Today’s e-mail brings me the most recent edition of “Alert from Lawyers for the Profession”, an e-mail newsletter published by the law firm of Hinshaw Culbertson. This issue calls attention to the recent decision in Crowe v. Tull, 126 P.3d......"

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Disciplinary lawyers discuss common concerns at mid-year meetings in Chicago

"...Last week the Association of Professional Responsibility Lawyers (APRL) and the National Organization of Bar Counsel (NOBC) held their respective mid-year meetings in Chicago, along with other affiliate organizations of the ABA. I attended the APRL meeting, which (as usual)......"

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A few comments concerning case citations, competence and computers

"...Recently I received a service copy of a brief from an attorney who was representing a member of the Bar in a show-cause hearing. I turned my attention to it immediately because I was working on a similar brief for......"

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Update: How Kentucky's Attorney Advertising Commission is now treating law-related blogs

"...[Update posted 08/27/06]: Some of my readers have asked me to post an update on how Kentucky's Attorney Advertising Commission is treating law-related blogs published by Kentucky lawyers. They have correctly surmised that the Commission has addressed the issue in......"

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