Opinion:
Self-promotion in blogging runs fine line of risk
By Amy
Yarbrough
Staff
Writer
Attorneys
who enjoy blogging should be cautious not to run afoul of attorney advertising
rules. That's the gist of a proposed State Bar opinion that's currently out for
public comment.
Proposed
Formal Opinion Interim No. 12-0006 looks at scenarios where blogging may be
subject to the Rules of Professional Conduct governing lawyer advertising and
related restrictions under the State Bar Act. Interested parties may submit
comments on the proposed opinion until 5 p.m. on March 23.
Rule
1-400 of the Rules of Professional Conduct, which governs attorney
advertising, prohibits, among other things, any solicitations by or behalf of
an attorney that are threatening or harassing, contain untrue statements or
seek to mislead or deceive the public.
The
proposed opinion by the bar’s Committee on Professional Responsibility and
Conduct (COPRAC) states that blogging by an attorney is subject to rule 1-400
and other related rules if it explicitly or implicitly expresses an attorney's
availability for employment or is part of an attorney's or a firm's
professional website. The opinion notes that a standalone blog by an attorney
that is not about the practice of law or discusses an attorney's availability
for employment will not be subject to the rules merely because it contains a
link to an attorney's or a firm's website.
David
Cameron Carr, a San Diego-based ethics lawyer, said the opinion should be
useful for new lawyers eager to use social media in their business, noting that
it articulates a “bright line test.”
“I think
it’s a valuable opinion,” he said. “I think it’s solid work by COPRAC to try
and delineate, ‘Here's a test.’ ”
While
noting that the proposed opinion is useful, another expert said it shouldn’t
need to be a consideration if you’re taking the right approach to blogging.
Cheryl
Bame of Bame Public Relations, which represents clients in the legal industry,
wrote on her own blog that “good
blogging practice should never include self-promotion.
“Blogs are
for thought leadership. They demonstrate your expertise on a topic or industry
and provide content that you can push out to other social media platforms and
traditional media.” Bame wrote. “Self-promotional material will defeat the
purpose of your blog and create clutter around what would otherwise be
important reading for your audience.”
Comments
on the proposed formal interim opinion may be directed to Angela Marlaud, the
State Bar of California, 180 Howard St., San Francisco, CA 94105. They can also
be submitted via email to angela.marlaud@calbar.ca.gov.