ABA addressing policies governing the use of technology and ranking/rating services.

• Author: Hornsby, Will
• Position: THE ETHICAL MARKETER - American Bar Association

Whether it is because of client demand, technology-based communications or increased global competition, the pace of the practice of law has never been faster. This pace and the consequential changes in the ways that law firms are providing legal services has created an unparalleled challenge to the organized bar. While there is an inherent conflict between the pace at which some law firms are willing to adapt and the bar's deliberate nature when determining policies, this conflict does not excuse the bar from its obligation to examine and change ethics rules and other policy issues on a frequent basis.

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Last year, ABA President Carolyn B. Lamm created the ABA Commission on ethics 20/20. The original charge of the Commission was to review the ethics rules and lawyer regulation in the context of advances in technology and global practice developments. Since its creation, the Commission's mission has expanded somewhat. The Commission has created a series of working groups, addressing topics ranging from outsourcing to third-party financing of legal services. The two working groups that are most likely to be involved in issues pertaining to law firm marketing and sales are those addressing the implications of new technologies and law firm rankings and ratings.

Rankings and ratings were not originally on the Commission's radar screen. However, the ABA House of Delegates passed a recommendation at its Midyear Meeting in February calling on the Association to examine law firm rankings underway by US News and World Report. As a result, the Commission created a working group specifically on this topic.

Although different topics will develop at different paces, the ethics 20/20 initiative is designed to span a three-year timeframe. The first year focuses on research, outreach and analysis of information. So far, the Commission has selected reporters, issued invitations for contributions, conducted...