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Ending The Pursuit: Releasing Attorney Advertising Regulations At The Intersection Of Technology And The First Amendment, Jan L. Jacobowitz Ms. Dec 2016

Ending The Pursuit: Releasing Attorney Advertising Regulations At The Intersection Of Technology And The First Amendment, Jan L. Jacobowitz Ms.

Jan L Jacobowitz


 In 2012, I characterized the enactment and enforcement of contemporary attorney advertising regulations as an endless pursuit to capture technology at the intersection of attorney advertising and the First Amendment.1 I invoked the image of Wile E. Coyote and his ongoing pursuit of the evasive Road Runner. Five years later, I have concluded that the pursuit is indeed endless and the “chase” should be abandoned in deference to both the First Amendment and the public’s ability to identify the proverbial wheat from the chaff in the world of Internet driven advertising.2 While professionalism remains a concern, the …


Cultural Evolution Or Revolution? The Millennial’S Growing Impact On Professionalism And The Practice Of Law, Jan L. Jacobowitz Ms., Katie M. Lachter, Gabriella Morello Dec 2015

Cultural Evolution Or Revolution? The Millennial’S Growing Impact On Professionalism And The Practice Of Law, Jan L. Jacobowitz Ms., Katie M. Lachter, Gabriella Morello

Jan L Jacobowitz


 The Millennial Generation will entirely recast the image of youth from downbeat and alienated to 
upbeat and engaged—with potentially seismic consequences for America.
— Neil Howe and William Strauss 
Although they are better educated, more techno-savvy, and quicker to adapt than those who have 
come before them, they refuse to blindly conform to traditional standards and time-honored insti
tutions. Instead, they boldly ask, ‘Why?
— Eric Chester 
Organizations that can’t—or won’t—customize training, career paths, incentives and work responsi
bilities need a wake-up call.
— Carolyn A. Martin and Bruce Tulgan 
I. Introduction 
Millennials, the children of …


The Social Media Frontier: Exploring A New Mandate For Competence In The Practice Of Law, Jan Jacobowitz, Danielle Singer Feb 2014

The Social Media Frontier: Exploring A New Mandate For Competence In The Practice Of Law, Jan Jacobowitz, Danielle Singer

Jan L Jacobowitz

Attorney Mark O’Mara’s use of social media as part of the defense strategy in the representation of George Zimmerman, who was prosecuted for the death of Trayvon Martin, highlighted the use of social media in the practice of law, and because of the tremendous media coverage of the trial, facilitated a robust conversation on whether the legal profession’s use of social media is the “new normal.” In fact, lawyers’ increasing use of social media is evidenced by a growing body of case law, ethics opinions, and journal articles discussing the propriety of using social media in areas such as investigation, …


Lawyers Beware: You Are What You Post! The Case For Integrating Cultural Competence, Legal Ethics And Social Media, Jan Jacobowitz Dec 2013

Lawyers Beware: You Are What You Post! The Case For Integrating Cultural Competence, Legal Ethics And Social Media, Jan Jacobowitz

Jan L Jacobowitz

First learn the meaning of what you say, and then speak. --Epictetus

Words used carelessly, as if they… do… not matter in any serious way, often allow… otherwise well-guarded truths to seep through. --Douglas Adams

Happy Mother’s Day to all the crack hoes out there. It's never too late to tie your tubes, clean up your life and make difference to someone out there that deserves a better mother. --Assistant State Attorney in Orange County, Florida

No thought left unspoken…social media networking -- ubiquitous in our society -- provides the opportunity for individuals to share their moment-to-moment thoughts and actions. …


Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan Jacobowitz Dec 2013

Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan Jacobowitz

Jan L Jacobowitz

"Life isn't about finding yourself. Life is about creating yourself." - George Bernard Shaw.

"When students realize that everyone has a philosophy of how to conduct their lives - even those…[who] are unconscious of the philosophy have one, just not a sound one - they can understand the importance of engaging in the process of developing a philosophy that will guide them in life and in their jobs as lawyers." - Benjamin V. Madison III.

Students enter law school to become lawyers, but what does that really mean? What are a student’s values, hopes and dreams upon entering law school? …


Mindful Ethics—A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan Jacobowitz, Scott Rogers Dec 2013

Mindful Ethics—A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan Jacobowitz, Scott Rogers

Jan L Jacobowitz

Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation—an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation’s Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …


The Benefits Of Mindfulness For Litigators, Jan Jacobowitz Dec 2012

The Benefits Of Mindfulness For Litigators, Jan Jacobowitz

Jan L Jacobowitz

“I am calling for an all-out revolution.” These words reverberated through the federal district courthouse in Miami in the spring of 2012, but there was no one calling for security. In fact, it was eerily quiet in the conference room in which the call for revolution was sounded. How can that be? Well, the audience was a group of well-regarded litigation counsel and judges and the revolutionary leader a prominent federal district court judge. The revolution: Mindfulness in law as a vehicle for restoring civility, decreasing stress, and enhancing the fundamental fabric of the legal community.


Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan Jacobowitz, Kelly Jesson Dec 2012

Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan Jacobowitz, Kelly Jesson

Jan L Jacobowitz

Fidelity and confidentiality are hallmarks of the attorney-client relationship. However, as social media use permeates the legal profession, new challenges have arisen to the traditional interpretation of client confidentiality. The Virginia Supreme Court’s recent holding, which concludes that to deny attorney Horace Hunter the ability to blog about his clients’ cases without client consent, after the case concludes and based upon what is found in the public record, is to deny Hunter his First Amendment right of free speech has spurned controversy. The Hunter opinion arguably undermines the long standing legal ethics rule of confidentiality and strikes at the heart …


The Legal Perils Of Social Media: Avoiding Landmines In Cyberspace, Jan L. Jacobowitz Ms. Dec 2012

The Legal Perils Of Social Media: Avoiding Landmines In Cyberspace, Jan L. Jacobowitz Ms.

Jan L Jacobowitz

No abstract provided.


Mindfulness & Professional Responsibility -- A Guidebook For Incorporating Mindfulness Into The Law School Curriculum, Jan Jacobowitz, Scott Rogers Jul 2012

Mindfulness & Professional Responsibility -- A Guidebook For Incorporating Mindfulness Into The Law School Curriculum, Jan Jacobowitz, Scott Rogers

Jan L Jacobowitz

In Mindfulness & Professional Responsibility—A Guidebook for Integrating Mindfulness into the Law School Curriculum, Scott Rogers and Jan Jacobowitz share with readers their methodology for weaving together mindfulness and professional responsibility in the classroom. Readers are offered a glimpse into their popular University of Miami School of Law course, Mindful Ethics: Professional Responsibility for Lawyers in the Digital Age, and its creative curriculum that draws upon the application of traditional professional responsibility issues in the context of social media. Intended to introduce teachers to mindfulness practices and offer a method of integrating it into their classrooms, the book’s largest section …


As The Twig Is Bent: Law Student Insights Regarding Pro Bono And Public Interest Law, Jan Jacobowitz, Vance Salter Apr 2012

As The Twig Is Bent: Law Student Insights Regarding Pro Bono And Public Interest Law, Jan Jacobowitz, Vance Salter

Jan L Jacobowitz

No abstract provided.


As The Twig Is Bent:Law Student Insights Regarding Pro Bono And Public Interest Law, Jan L. Jacobowitz Ms. Apr 2012

As The Twig Is Bent:Law Student Insights Regarding Pro Bono And Public Interest Law, Jan L. Jacobowitz Ms.

Jan L Jacobowitz

No abstract provided.


Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising, Jan L. Jacobowitz Ms. Dec 2011

Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising, Jan L. Jacobowitz Ms.

Jan L Jacobowitz

ABSTRACT Among state bars, the Florida Bar has been a pioneer in regulating advertising, especially with respect to new technology. The Bar’s efforts have been years in the making, but only until recently did constitutional considerations percolate to the forefront as the Bar faced litigation threats, and federal courts issued opinions expounding on attorneys’ First Amendment rights. Now, with the release of a proposed new code of advertising rules that coincides with the release of the American Bar Association 20/20 Commission’s proposal to amend the attorney advertising and communication model rules, questions have arisen anew as to whether the Florida …


A Rose By Any Other Name? Enhancing Professionalism Through Cultural Competency, Jan L. Jacobowitz Ms. Dec 2008

A Rose By Any Other Name? Enhancing Professionalism Through Cultural Competency, Jan L. Jacobowitz Ms.

Jan L Jacobowitz

No abstract provided.


The First Amendment And The Legal Profession: Is Silence Golden?, Jan L. Jacobowitz Ms. May 2008

The First Amendment And The Legal Profession: Is Silence Golden?, Jan L. Jacobowitz Ms.

Jan L Jacobowitz

No abstract provided.


The First Amendment And The Legal Profession: Is Silence Golden?, Jan L. Jacobowitz Ms. May 2008

The First Amendment And The Legal Profession: Is Silence Golden?, Jan L. Jacobowitz Ms.

Jan L Jacobowitz

No abstract provided.