Thursday, June 22, 2017 | 9 am – 11:30 am
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This program will explore the application of the rules of professional conduct to attorney advertising in the context of social media, with a focus on New York rules and authority. Recent bar opinions and case law shed light on these issues, and hypotheticals will be worked through by the presenters based in large part on recent opinions relating to real life situations.
Live Program & Webcast: $199 Member | $299 Nonmember
Small Law Firm Member: $99
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William McCracken
Ganfer & Shore, LLPMichael Munoz
Golenbock Eiseman Assor Bell & Peskoe -
9:00 am – 9:05 am Introduction and Overview of Program
David Keyko9:30 am – 9:55 am Overview of First Amendment and Jurisdictional Issues - Limitations on content raise First Amendment, free speech issues – do the rules have a demonstrable benefit (disclaimers, endorsements, eye-catching techniques, puffery, and identification of specialties)?
- Key decisions striking down certain advertising rules on First Amendment Grounds (Central Hudson, Hayes, Alexander, Harrell, Searcy).
- Jurisdictional reach of the New York Rules – multi-state and international law firms.
David Keyko
9:55 am – 10:25 am Applying the Rules to Social Media Communications - What social media is considered “advertising” under Rule 7.1.
- What constitutes “solicitation” under Rule 7.3 in the context of social media: educational materials, client communications, texting, websites, and blogs.
- Specific opinions relating to the use of LinkedIn and Facebook (application to WeChat).
- The challenges of complying with disclaimer requirements.
Jennifer Paradise
10:25 am – 10:35 am Break 10:35 am – 11:30 am Specific Issues and Hot Topics - How the rules apply to specific forms of advertising: websites, lawyer ratings, “educational pieces,” texting, coupons, internet video, blogs, and email.
- Hot topics: APRL/ABA proposal to revise the advertising rules, making them simpler and uniform.
Michael Munoz, William McCracken and David Keyko
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NY: 2.5 ethics
NJ: 2.7 professional responsibility
CA: 2.5 professional responsibility
PA: 2.0 professional responsibility -
Sponsoring Association Committee:
Professional Responsibility | Meredith S. Heller, ChairSponsorship Opportunities are Available! Please Contact:
Maricela Alfonso| Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org
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