Saturday, February 6, 2010

The State Of Lawyer Defense

Sitting here at the Association of Professional Responsibility Lawyers confererence in Orlando, and wanted to summarize my thoughts on current issues both in Florida and around the country.

[1] The internet is moving too fast for state bar associations.

[2] The Florida ethics opinion on judges friending lawyers on Facebook is the laughing stock of the country.

[3] Lawyers believe that rule 8.4 should cover all conduct on the internet.

[4] Lawyers considering multi-jurisdictional practice are hindered by conflicting advertising regulations.

[5] Young lawyers and law students believe that Facebook and twitter and other social media sites (LinkedIn) are nothing more than a continuation of face to face conversation and should not be regulated at all.

[6] Lawyers are overwhelmed with regulations regarding internet presence and wonder "when are we not lawyers?"

[7] There is a great disparity in opinion on how much each partner in a law firm should be responsible for the other partner's conduct. (i.e. trust account supervision)

[8] The school of thought that advertising and solicitation rules are designed around the notion that potential clients are "stupid" and "able to be tricked" is widespread.

[9] There is also a school of thought amongst the "senior" lawyers that advertising and solicitation rules are meant to keep young lawyers from "taking away business." (I don't agree).

[10] Lawyers leaving law firms with a substantial book of business need to retain counsel the minute they start considering leaving the firm.

I may have a follow up. Back to the seminar.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit


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