Couching language can protect your legal blog posts from claims of libel

Libel, Couching Language, and Legal Blogging

There are numerous legal issues that make legal blogging a minefield. From trademark law to copyright law to your state’s ethical rules, it can be risky for attorneys to blog on their own without stopping and asking some serious questions about what you’re writing—questions that often go far beyond the types of law where you’re Read more about Libel, Couching Language, and Legal Blogging[…]

ABA formal opinion 480 creates confusion in online legal blogging

The ABA’s Terrible, No Good, Very Bad, Formal Opinion 480

The American Bar Association (ABA), notorious for being behind the times, made a proud public proclamation of moving into the 21st century earlier this month. Finally weighing in on what it called the “newest format” of legal commentary, the legal blog, the ABA told attorneys not to reveal confidential information when writing one. The warning Read more about The ABA’s Terrible, No Good, Very Bad, Formal Opinion 480[…]

The War Against Legal Blogging: Popular Opinion

This is the fourth installment in a series of posts by Myers Freelance about the movement against ghostwritten legal blogs. Earlier posts in this series include: An overview of the movement against ghostwritten legal blogs, Model Rule 7.1 and author bylines, and Model Rule 8.4(c) and authorship. In this post, however, we’re going to move Read more about The War Against Legal Blogging: Popular Opinion[…]

The War Against Legal Blogging: Rule 8.4(c)

This is the third installment in a series of blog posts by Myers Freelance about the movement against legal blogging, particularly the practice of ghostwriting. Here’s the overview of the problem, and here’s our discussion on why ghostwritten legal blogs don’t violate Model Rule 7.1. You didn’t need us to say that lawyers love to Read more about The War Against Legal Blogging: Rule 8.4(c)[…]

The War Against Legal Blogging: Author Bylines and Rule 7.1

This is the second installment in our investigation into legal blogging, and the claims that ghostwriting them is somehow uncouth. You can see our overview of the issue here. Legal blogging is a surprisingly contentious topic, especially when it comes to ghostwritten legal blogs. Keeping up a legal blog is not an easy thing for busy Read more about The War Against Legal Blogging: Author Bylines and Rule 7.1[…]

war against legal blogging overview

The War Against Legal Blogging: An Overview

There are a lot of wars going in the world, right now. There’s the war in Syria. There’s the conflict between Democrats and Republicans that came to a head in the recent election. Perhaps even more pressing, there’s the fight over how much pulp should be in orange juice (try bringing that up in a Read more about The War Against Legal Blogging: An Overview[…]

Old advertisement

Commercial Speech and Legal Blogs

Commercial speech, like the rest of constitutional law, can be tricky. Unfortunately, this can affect your legal blog. Being labeled as commercial speech affords your firm’s blog fewer legal protections, making it more important to tread carefully and choose your words wisely. Refresher: What Is Commercial Speech? Commercial speech is a kind of expression made Read more about Commercial Speech and Legal Blogs[…]

Blackmun wrote Bates, prohibiting bans on attorney advertising

The Beginning of Legal Advertising – Bates v. State Bar of Arizona

Bates v. State Bar of Arizona is the United States Supreme Court case that declared an outright ban on legal advertising unconstitutional. Before Bates was decided in 1977, the American Bar Association (ABA) pushed states to adopt rules of professional conduct that prohibited nearly all forms of legal advertisement, largely because it considered legal advertising Read more about The Beginning of Legal Advertising – Bates v. State Bar of Arizona[…]