Upload
avvo
View
340
Download
0
Embed Size (px)
DESCRIPTION
What are the primary legal issues that arise when blogging? Josh King, Avvo's General Counsel and VP of Business Development, will review the basics of getting started with blogging, and cover some of the potential pitfalls that face bloggers in general – and legal bloggers in particular.
Citation preview
Avvo, Inc. Confidential - ©2014
Ethics of Blogging for Lawyers
by Josh King
Avvo, Inc.
Avvo, Inc. Confidential - ©2014
Josh King
General Counsel &
Vice President, Business Development
Avvo, Inc.
Twitter: @joshuamking
Email: [email protected]
Introduction
Avvo, Inc. Confidential - ©2014
• The Blogging Landscape
• Blogs: “Attorney Advertising” Under the RPC?
• . . . or Expression Protected by the First Amendment?
• Defamation and Third-Party Comments
• Blogging About Clients
• Copyright Considerations
• Closing Thoughts
Overview
The Blogging Landscape
Avvo, Inc. Confidential - ©2014
Avvo, Inc. Confidential - ©2014
Avvo, Inc. Confidential - ©2014
Avvo, Inc. Confidential - ©2014
Legal Blogging Tips & Tricks
Consumption – Use A Reader
Tracking – Use Google Alerts
Finding Blogs to Read – Blogrolls
Blogging Platforms
RPC: Blogs as “Attorney Advertising”
“A lawyer shall not make
a false or misleading
communication about the
lawyer or the lawyer's
services.”
“A truthful statement
is also misleading . . . “
“. . . if there is a
substantial likelihood
that it will lead a
reasonable
person . . .”
“. . . to formulate a
specific conclusion
about the lawyer or
the lawyer's
services . . .”
“. . . for which there
is no reasonable
factual foundation.”
Types of RPC Restrictions
• Discussions of results obtained
• Comparisons to other attorneys
• Testimonials or client reviews
• Superlatives (PA technically bars attorneys from labeling themselves
as “experienced” or “competent”)
• Statements that imply the ability to get results
• “Real-time, electronic solicitation”
Your Blog & the First Amendment
What “Communication” Can Be Regulated?
Regulation of “Commercial Speech”
Central Hudson Gas & Electric Corp. v Public Service Commission (1980)
“Commercial speech” defined
“That which does no more than
propose a commercial
transaction.”
“Mixed” Content
• Dex Media v. City of Seattle
(2012)
• Is publication as a whole
commercial speech?
• Ad format
• Reference to specific product
• Economic motive
• Even if so, full protection
applies if commercial/non-
commercial speech is
“inextricably intertwined.”
Avvo, Inc. Confidential - ©2014
Hunter v. Virginia State Bar
Avvo, Inc. Confidential - ©2014
Blogging as Advertising
Avvo, Inc. Confidential - ©2014
Blogging as Advertising
Avvo, Inc. Confidential - ©2014
Blogging – Non-Advertising
Avvo, Inc. Confidential - ©2014
Blogging – Non-Advertising
Defamation and Third-Party Comments
“The Law that Makes the Internet Go”
• 47 U.S.C. § 230
• Commonly known as “CDA 230”
• “No provider or user of an interactive computer
service shall be treated as the publisher or speaker
of any information provided by another information
content provider.”
• Blanket immunity from defamation liability for third
party comments
• Preempts state law
Defamation Basics
• A claim for damages to reputation based on false statements of fact
• Truth is an absolute defense
• Opinion is usually a defense
• Heightened standard for public figures to claim defamation
• Other important defenses:
• Substantial truth
• Fair report
• Statute of limitations & the “single publication” rule
Avvo, Inc. Confidential - ©2014
Defamation Risks in Commentary
Avvo, Inc. Confidential - ©2014
Anti-SLAPP
Avvo, Inc. Confidential - ©2014
Unmasking Anonymous Commentors
Blogging About Clients
In re Peshek (2009)
• Attorney blogger disciplined for referring to criminal clients
• Used alias, but court determined the identities could be figured out
• Confidential info
• Non-confidential info that may be “embarrassing or detrimental” to
clients
Copyright Considerations
Fair Use & “Borrowing”
• Quotations for criticism and commentary
• The test for fair use
• “Transformative” uses
• Parody vs. Satire
• Special considerations for photos
• Government documents
• DMCA notices
Avvo, Inc. Confidential - ©2014
Josh King
General Counsel &
Vice President, Business Development
Avvo, Inc.
Twitter: @joshuamking
Email: [email protected]
Questions?
Stay up to date on developments in the law of social media – and get notification of upcoming free Avvo CLE webinars – with my new monthly email newsletter:
“Socially Awkward – Where Social Media Meets the Practice of Law”
Email “subscribe” to [email protected]