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Links 1 through 10 of 40 scottwolfejr's Bookmarks

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Florida is really leading the country in passing aggressive regulations to classify attorney online behavior as "advertising." Their efforts have been met with legal challenges, and that has changed the course of the rules.

Initially, all rule proposals were rejected by Florida courts. However, right now, it appears that Florida will be moving forward with some sort of regulation that treats websites like all other advertising materials, requires websites be "filed," and - this is really weird - users would be required to click through a disclaimer page.

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While the Florida bar hates for judges and lawyers to use social media, it seems that they will use it to look into the character and fitness of their applicants.

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When an attorney goes out and "friends" an adverse witness, deceitfully, that is an ethical violation. Another example of: If you can't do it offline, you can't do it online.

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Florida judges cannot friend lawyers, Ohio judges can, and Georgia lawyers appear to just be confused.

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While Florida judges cannot friend lawyers...Ohio judges can. It's ethical in one place, but unethical across a few state lines?

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Great New York Times article that really ties together this tug of war between technology and bar associations. As you may have gleaned from the other links in this stack, I don't think any special rules are required to regulate attorney's behavior online. We already have the rules. Don't be an idiot! Don't put something online that you wouldn't publish in the newspaper. Don't make comments you can regret. Don't reveal client confidences. Etc.

BUT, there is something that makes folks feel like they can do this online, when they would never do it in the newspaper. It's this "online attitude."

That's one piece of the puzzle. The other piece is that the attitude is not a myth or defect of any sort. It's a reality. The world is becoming more transparent. Should it be??

That's the battle the bar associations are waging.

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State bar authority in Florida fined a trial lawyer $1,200 for criticizing judge on a blog. Among other remarks, he called the judge an "evil, unfair witch."

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