Slides from presentation given to the Washington Bar Association's Young Lawyers Division at their Express CLE #13 in Bremerton, WA. The presentation focused on the problems attorneys face when trying to reconcile ethic rules with how they use the Internet. The presentation reviews rules pre-existing the web, and how they may be applied to web situations, as well as new rules passed in states like Louisiana, Florida and New York that specifically address the Internet.

1. A Series of Tubes

2. “ The Internet is not
something that you just
dump something on. It’s
not a big truck. It’s a
series of tubes.
Former U.S. Senator Ted Stevens
June 28, 2006 - Debating Net Neutrality Bill

3. Topics For Today
Intersection of the www & ethics
• Confidentiality
• Duties to Clients and Others
• Advertising & Marketing

4. What Are You Doing?

6. Rule 1.6:
Confidentiality of Information
(a) A lawyer shall not reveal
information relating to the
representation of a client
unless the client gives
informed consent.

7. Lawyer Faces Discipline Over Blog Post
http://bit.ly/1xFzIH
“ A former Illinois assistant public defender
faces disciplinary charges over postings to
her blog that may have exposed client
confidences and revealed her complicity
in a client’s fraud on a court.

9. Rule 3.3
Candor Toward The Tribunal
(a) A lawyer shall not
knowingly:
(1) make a false
statement of fact or
law to a tribunal...

10. Lawyers Beware: Judges May Be
Watching You on Social Media
http://bit.ly/iuEru
“ Judge Criss (Galveston, TX) recalled a
lawyer telling her she needed a
continuance because of a death in the
family....but found out on her
facebook account that she had been
partying that same week. The judge
denied the request.

11. http://bit.ly/31GDi
State bar authorities
in Florida have fined
trial lawyer $1,200
for criticizing judge
on a blog...Among
other remarks...called
the judge an "evil,
unfair witch."

12. A Legal Battle:
Online Attitudes v. Rules of the Bar
http://bit.ly/3A1lMz

13. Rule 1.18:
Duties to Prospective Client
(a) A person who discusses with a
lawyer the possibility of forming a
client-lawyer relationship with respect
to a matter is a prospective client.

17. “ Online legal matching services have
the potential to reduce consumers’ costs
for finding legal representation, which
would likely increase competition
among attorneys to provide legal
services.
USA Federal Trade Commission
2006 Letter to New York Bar Association in Opposition to Proposed Advertising Rules

18. Rule 4
Truth & Respect
Rule 4.1: Lawyer shall not make false statement of
fact or law to third person...
Rule 4.4: Lawyer shall not use means or methods of
obtaining evidence that violate the legal rights of a
person.

19. Friending an Adverse Witness for Info
Could Violate Ethics Rules
http://bit.ly/15yf90
“ Deception is deception, regardless of the
victim’s awareness in her interactions on
the Internet and susceptibility to being
deceived.

20. Florida Board of Bar Examiners
Maybe Watching...
http://bit.ly/PUFpA
“ The FBBE’s Character and Fitness
Commission had recommended in its final
report that the board consider expanding
its current review of personal Web sites
during background investigations

21. Advertising

22. Bates v. State Bar of Arizona
(US 1977)
Lawyer advertising is
constitutionally protected speech.
It cannot be completely banned,
but may be subject to restrictions
regarding “time, place and manner.”

23. Summary of Constitutional Principles
Constitutional Protection for Communication
Ad on TV or Radio In-Person Solicitation
Shapero Letter
Invasiveness of Speech

24. Outline of Traditional Rules
Rule 7.1 - Prohibits false or misleading communications
Rule 7.2 - time, place, manner restrictions on lawyer
advertising
Rule 7.3 - further limits in-person and targeted
solicitations
Rule 7.4 - restricts advertising fields of practice and
specialities
Rule 7.5 - firm names and letterhead

27. What is...
Advertising?

30. Rules for Internet
“
Communications
7.6(a)
‘computer accessed communications’ are
defined as information regarding a
lawyer’s or law firm’s services that is
read, viewed, or heard directly through
the use of a computer.
“
7.6(d)
‘All computer accessed
communications...other than those
subject to subdivisions (b) and (c) of
this Rule, are subject to the
requirements of Rule 7.2

32. Web Images Maps News Shopping Gmail more ! Sign in
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33. Web Images Maps News Shopping Gmail more ! Sign in
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new orleans attorney Search Preferences
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New Orleans Attorney Sponsored Links Sponsored Links
onypc.com/charbonnet-law-firm-llc Do You Need a Trusty Lawyer? Contact Us Today to Get
Legal Help. LA Insurance Lawyer
Need An Insurance Attorney? Call
DiGiulio Utley, LLC For Help With Your Insurance Case.
www.digiulioutley.com New Orleans Personal Injury and Criminal Defense Attorneys www.HardieLaw.com
Show map of 422 Notre Dame Street, New Orleans, LA
The Young Firm
New Orleans Attorney Free Cons. Attorney In New Orleans
www.lawyers.com Attorneys by Location & Specialty Visit Lawyers.com Today. Exp. & Aggressive Trial Attorneys.
TheYoungFirm.com
Local business results for attorney near New Orleans, LA 400 Poydras Street, New Orleans, LA
A. Adams Hoefer Holwadel Eldridge - www.ahhelaw.com - Daniel E. Becnel Jr.
(504) 581-2606 - More Personal Injury & Class Actions
B. Catherine Lampard-Naccari, Attorney - www.nola-law.com - Nationally recognized attorney
(504) 525-4361 - More www.BecnelLaw.com
C. James L. Arruebarrena, Attorney at Law, LLC - Louisiana
wwww.louisianainjuries.com - (504) 525-2520 - More
D. Bloom Legal - New Orleans Lawyer - www.bloomlegal.com - Dale Maas
(504) 599-9997 - More Attorney at Law
E. Bain Steven E Attorney at Law LLC - www.lawelder.com - Pro Law Corporation
(504) 585-7942 - More www.LocalAdLink.com
F. Rowe Robert E Attorney - weilerreestaxlaw.com - (504) 524-2944 -
More D'Amico Frank J
G. Mc Glinchey Stafford PLLC - www.mcglinchey.com - Law Offices of Frank J D'Amico Jr.
(504) 586-1200 - More Personal Injury, Katrina, Insurance
H. Jones Walker Law Firm - www.joneswalker.com - (504) 582-8000 - damicolaw.net
More 622 Baronne St # 2, New Orleans, LA
I. Phelps Dunbar Llp: Alessandra M Nan - www.phelpsdunbar.com -
(504) 566-1311 - More New Orleans Injury Help
J. Milling Benson Woodward LLP - www.millinglaw.com - Talk To An Injury Lawyer In Your
(504) 569-7000 - 1 review Area. Sign Up For A Free Consult!
More results near New Orleans, LA » www.InjuryHelplineAttorney.com
New Orleans Lawyer Directory: Attorneys, Lawyers, Law Firms Talk To An Attorney Now
New Orleans Lawyer Directory provides an easy way to find New Orleans attorneys/ Free Attorney Matching Service
lawyers, court reporters, private investigators, process servers & other ... Fill Out a Form & Attorneys Respond
neworleans.lawinfo.com/ - 79k - Cached - Similar pages www.FindLawyersAttorneys.com

34. 2008 - $160.63!
5 Ad Groups!
15 Ad Variations!
$2,625!

35. Title: 25 Characters
Ad: up to 35 Characters
Ad: up to 35 Characters
Link: up to 35 Characters

36. Title: 25 Characters
Ad: up to 35 Characters
Ad: up to 35 Characters
Link: up to 35 Characters
Rule 7.2(a): Required Content Of Advertisement
(1) Name of Lawyer
(2) Location of Practice

39. Blogs
Are Articles
Advertisements?

41. Post a Comment On: Home Contractor vs. Homeowner
"The Strength of a Mechanic's Lien"
4 Comments - Show Original Post
Collapse comments Leave your comment
Wolfe Law Group said...
Andrea - I'm a subscriber to your blog and a
blogger myself, and wanted to comment about
this recent post. I think you really strike a chord
with contractors of all sizes with your posts about
the strengths of a construction lien - especially by
You can use some HTML tags, such as <b>, <i>, <a>
referencing something that is frequently not
discussed: even improper liens can be effective. Choose an identity
Google/Blogger
While it's certainly not an excuse to file a
USERNAME
improper lien for an improper person, the point
remains that liens cause problems - and precisely PASSWORD
the problems that get contractors paid.
No Google Account? Sign up here
You can also use your Blogger account.
I made reference to your post on my two blogs:
OpenID
http://blog.wolfelaw.com Name/URL
http://blog.expresslien.com
Anonymous
12:19 PM

48. You be the judge. Write a lawyer review Sign in
Legal Guides Answers & Advice Lawyer Search
Search Legal topic Location City and state -OR- ZIP Find guides
Home > Legal Guides > Disputing a Construction Lien in Washington State
E-mail
Disputing a Construction Lien in Washington State
Print
Scott G Wolfe JR
Posted in Construction / Development. Jurisdiction: Washington Add to list
To file a construction lien against your property, a contractor must meet certain legal prequalifications. County
recorders, however, are required to file construction lien instruments presented to them, regardless of a contractor's
Other Legal Guides on Construction
legal ability. The result? A construction lien may be placed against your property improperly. In Washington, like in
most states, there is a defined manner of disputing the validity of a construction lien. Construction/Development Overview
Construction Accidents in Washington
Is the lien frivolous?
State
Liens subject to forced removal are termed "frivolous liens" by Washington law. According to a Washington statute, a
lien is frivolous "if it is made without reasonable cause or clearly excessive." Filing a Construction Lien in Washington
Practically speaking, this breaks down invalid liens into two categories: State
1) Circumstances when the lien was filed without following technical substantive or procedure rules of lien
Construction Liens in Washington State
2) Circumstances when the lien is clearly devoid of any merit whatsoever
Subcontractor: how to file a construction
Regarding the first category of frivolous liens, the following are some common mistakes: lien on a single-family residential project
Failure to adequately describe the property in the lien (i.e., filing without a legal property description). in Wisconsin
Failure to provide the proper required notices. Notice is required from the claimant in some circumstances, but not See more related Legal Guides
all.
Failure to meet all of the statutory content requirements. The law is specific as to what must be identified in a

49. You be the judge. Write a lawyer review Sign in
Legal Guides Answers & Advice Lawyer Search
Search Legal topic Location City and state -OR- ZIP Find guides
Home > Legal Guides > Disputing a Construction Lien in Washington State
E-mail
Disputing a Construction Lien in Washington State
Print
Scott G Wolfe JR
Posted in Construction / Development. Jurisdiction: Washington Add to list
To file a construction lien against your property, a contractor must meet certain legal prequalifications. County
recorders, however, are required to file construction lien instruments presented to them, regardless of a contractor's
Other Legal Guides on Construction
legal ability. The result? A construction lien may be placed against your property improperly. In Washington, like in
most states, there is a defined manner of disputing the validity of a construction lien. Construction/Development Overview
Construction Accidents in Washington
Is the lien frivolous?
State
Liens subject to forced removal are termed "frivolous liens" by Washington law. According to a Washington statute, a
lien is frivolous "if it is made without reasonable cause or clearly excessive." Filing a Construction Lien in Washington
Practically speaking, this breaks down invalid liens into two categories: State
1) Circumstances when the lien was filed without following technical substantive or procedure rules of lien
Construction Liens in Washington State
2) Circumstances when the lien is clearly devoid of any merit whatsoever
Subcontractor: how to file a construction
Regarding the first category of frivolous liens, the following are some common mistakes: lien on a single-family residential project
Failure to adequately describe the property in the lien (i.e., filing without a legal property description). in Wisconsin
Failure to provide the proper required notices. Notice is required from the claimant in some circumstances, but not See more related Legal Guides
all.
Failure to meet all of the statutory content requirements. The law is specific as to what must be identified in a

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51. How to Stop All
This Talking?