ABA Approves Changes To Attorney Advertising Ethics Rules

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, Advertising, Legal Ethics, Social Media Ethics, SolicitationLeave a Comment

The American Bar Association’s House of Delegates approved on Monday an overhaul to its ethics rules governing attorney advertising and solicitation.  The ABA vote on Monday capped a four-year effort to modernize ethics rules promulgated in the 1980s–long before the Internet forever changed how lawyers market their services and communicate with prospective clients. The ABA’s vote was spurred on by … Read More

Seeking National Uniformity, California (Finally) Adopts New Ethics Rules

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, Multijurisdictional Practice1 Comment

California is an outlier no more–at least when it comes to its ethics rules. On May 10, 2018, the California Supreme Court issued an order approving the adoption of a new set of Rules of Professional Conduct patterned after the ABA Model Rules, which were first published in 1983.  The court’s ruling means that California will finally be joining the … Read More

What They Didn’t Teach In Law School: The Ethical Duty Of “Technical Competence”

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, Competence, Confidentiality, Continuing Legal EducationLeave a Comment

“True wisdom is knowing what you don’t know.” — Confucius One of my former partners, a brilliant patent lawyer who was (and is) widely respected in the patent bar, used his desktop computer for one purpose and one purpose only—as a convenient surface on which to attach yellow sticky post-it notes to himself. To my knowledge, he never turned his … Read More

Law Firm Ethics Counsel Provide Risk Management Tips

Michael E. McCabe, Jr.Continuing Legal Education, Risk Management3 Comments

During the July 31, 2015, semi-annual meeting of the Association of Professional Responsibility Lawyers in Chicago, a panel of APRL attorneys who serve as their law firm’s internal ethics counsel discussed some of the common dilemmas and issue they face in their daily practice of representing their law firm client. The issues addressed during this sesssion of the APRL meeting included guidance … Read More

APRL Clarifies Advertising Report Did Not “Slam” Current Ethics Rules

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, AdvertisingLeave a Comment

As reported last week, on June 22, 2015, following a two-year study, the Association of Professional Responsibility Lawyers (“APRL”) Board approved publication of the Report of APRL’s Lawyer Advertising Committee.  As explained on the APRL website, “The Report recommends extensive revisions to lawyer advertising rules so they are compatible with modern electronic means of communication. The Report recognizes the need for … Read More

Report Slams Ethics Rules on Attorney Advertising As “Outdated” And “Unworkable”

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, AdvertisingLeave a Comment

“It is long past time for rationality and uniformity to be brought to the regulation of lawyer advertising,” says the Association of Professional Responsibility Lawyers (APRL) in a comprehensive report released June 22, 2015.  The report, which was authored by the APRL’s Regulation of Lawyer Advertising Committee, is the culmination of a two-year study of the ABA Model Rules of Professional Conduct and various … Read More

In Memoriam: Paul A. Vapnek

Michael E. McCabe, Jr.IP Ethics1 Comment

The Intellectual Property Ethics Bar lost a luminary this weekend with the passing, on February 28, 2015, of Paul A. Vapnek.  Mr. Vapnek was 86. “Preeminent.” “A mentor.” “‘Dean’ of legal ethics in California,” were just some of the words used to describe Mr. Vapnek in an article published in the March 2013, edition of the California Bar Journal. “Paul was … Read More