Office of the General Counsel

• Publication year: 2009
• Pages: 0056

Office of the General Counsel No. Vol. 14 No. 7 Pg. 56 Georgia Bar Journal June, 2009

This Isn't Your Father's Legal Ad

by Paula Frederick

I've beefed up the website," your new office administrator announces as he steps into your office. "Take a look!"

Warily you turn to the computer and pull up your site. "I'd be the first to admit that the site needed an overhaul," you admit. "But Bankruptcy Specialists?" you ask, reading the banner headline. "I've done as many bankruptcies as the next general practitioner, but I don't claim any expertise in the area."

"Bankruptcy is really hot right now," Joe replies. "I've gotten a couple of buddies to go to your profile on AVVO and rate your bankruptcy services," he confides. "They will rave about what a good job you did with their cases. Just wait! New clients will come rolling in!"

"Buddies?" you wonder. "AVVO profile?"

"Yeah, we reference it in your blog!" Joe explains, pointing to a link on the side of the webpage. "We also encourage current and former clients to join the FeinFirm family on Facebook. You've already got 242 friends! Yesterday I set up an account with Twitter so everyone can follow your daily..."

"Your pocket is chirping," you interrupt.

"Another tweet!" Joe announces proudly as he checks his BlackBerry. "This guy is looking for a bankruptcy lawyer — he wants to know if a Chapter 13 filing will eliminate his child support obligation."

"Turn that thing off," you sigh wearily, "and let's call the Bar before you get me into trouble."

For many lawyers, new technology has blurred the lines between personal and professional communication. As a result, at times it is unclear when and how the Rules of Professional Conduct apply.

Georgia's rules on lawyer advertising purport to "govern the content of all communications about a lawyer's services."^[1] A communication might involve a myriad of ethics issues, but the first is whether it actually constitutes advertising.

In making that determination, the Office of the General Counsel considers whether the communication is made for the purpose of obtaining business. If it is sent directly to a potential client, it is likely an advertisement. It is less likely to be an ad if a potential client has to seek out the information on the web.

So you may tweet about office politics, blog about the latest blockbuster trial or use your professional status to attract a love interest on a dating site without being accused...