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Full-Text Articles in Legal Ethics and Professional Responsibility
Change Is In The Air: Lawyer Advertising And The Internet, Louise L. Hill
Change Is In The Air: Lawyer Advertising And The Internet, Louise L. Hill
University of Richmond Law Review
Today, virtually all the large law firms, as well as most of the small firms, have Web sites. These sites established by law firms vary considerably, with many containing a great deal of material that is informational in nature. When considering whether state ethics rules are applicable to lawyer communications on the Internet, an initial question is whether the communication is commercial speech. Regulations on advertising and solicitation that impose restrictions on commercial speech are limited to speech of that kind. This notwithstanding, states have uniformly held that these communications are subject to regulation under their respective rules governing lawyer …
Ad Rules Infinitum: The Need For Alternatives To State-Based Ethics Governing Legal Services Marketing, William E. Hornsby Jr.
Ad Rules Infinitum: The Need For Alternatives To State-Based Ethics Governing Legal Services Marketing, William E. Hornsby Jr.
University of Richmond Law Review
For most of the Twentieth Century, lawyer advertising was prohibited. Beginning with the Canons of Ethics ("Canons"), adopted by the American Bar Association (the "ABA" or "Association") in 1908, it was unethical for lawyers to advertise or engage in most forms of marketing. The 1977 United States Supreme Court decision of Bates v. State Bar of Arizona held that, under the First Amendment doctrine of commercial speech, states did not have the right to ban lawyer advertising. The decision, however, gave states the responsibility to regulate this activity. This began an experiment to balance consumer protection with the flow of …
Building Chinese Walls In Virginia: Should Virginia Recognize The Chinese Wall Defense To Vicarious Disqualification?, C. Randolph Sullivan
Building Chinese Walls In Virginia: Should Virginia Recognize The Chinese Wall Defense To Vicarious Disqualification?, C. Randolph Sullivan
University of Richmond Law Review
A Chinese wall is essentially a screening mechanism set up within an institution to act as an "impermeable barrier to intrafirm exchange of confidential information." To prevent inadvertent "leakage" of confidential information, a number of precautions may be taken, including the establishment of organizational and physical structures designed to separate those who possess information from those who should not have it." Although of relatively new use in the legal profession, this type of "wall" is not new. Banks and securities firms, in an effort to protect their clients' financial confidences, routinely erect Chinese walls.
Annual Survey Of Virginia Law: Professional Responsibility, Timothy M. Kaine
Annual Survey Of Virginia Law: Professional Responsibility, Timothy M. Kaine
University of Richmond Law Review
This year, like many years, has been marked by increasing public concern over legal ethics. Public attention has been drawn to lawyers' participation in scandals such as the misuse of funds by the Department of Housing and Urban Development, the collapse of the savings and loan industry, and numerous ethical breaches by members of Congress.
The Virginia Code Of Professional Responsibility, Roderick B. Mathews
The Virginia Code Of Professional Responsibility, Roderick B. Mathews
University of Richmond Law Review
The purposes of my comments are to: (1) outline the historical development of the Code of Professional Responsibility (CPR) in the organized bar in the United States; (2) summarize the important differences between the Virginia Code of Professional Responsibility (Virginia CPR) and its predecessor in Virginia; (3) discuss the reasons for the most significant of those changes; and (4) compare the important differences between the American Bar Association model adopted in August 1983 (the Kutak Model) and the Virginia CPR. For the sake of brevity, I will make no reference to the multiple editorial revisions in the Virginia CPR which …
The Status Of Lawyer Advertising In Virginia: What Is Good Taste?, Carol Anne Weiss
The Status Of Lawyer Advertising In Virginia: What Is Good Taste?, Carol Anne Weiss
University of Richmond Law Review
When Abraham Lincoln wanted to attract clients to his law practice in 1837, he ran a simple advertisement announcing his services in an Illinois newspaper. Despite the precedent set by "Honest Abe," fifty years later the American Bar Association banned legal advertising and solicitation. Today, there is no absolute ban on legal advertising. A need exists for information regarding legal assistance, and in today's commercially-oriented society, it is not surprising that members of the legal profession want to advertise the availability of their services.