May 2022: Worried or Wondering?
You’ve been busy focusing on what matters most. We have been handling the rest. Here is a summary of some of the more interesting or frequently asked questions we received …
New York Court Ruling Prohibits Enforcement of UPL Rules For Certain Non-Lawyers Providing Legal Advice
On May 24, 2022, a New York federal district court issued a preliminary injunction banning the Attorney General from enforcing the unauthorized practice of law rules against non-lawyers who seek …
Lawyer’s Alcohol-Related Criticism of Judge Draws Stayed Suspension
On April 14, 2022, the Ohio Supreme Court suspended a lawyer for six-months, entirely deferred, for publicly criticizing a judge after consuming alcohol at a bar association event: Bahan and …
Louisiana Legislature Considers Yet Another Bill Regulating Lawyer Advertising
On March 14, 2022, Louisiana State Senator Barrow Peacock introduced SB 378 into the Louisiana Senate. The bill seeks to prevent all misleading or deceptive advertisements, including those that: (1) …
Louisiana Supreme Court Defines Parameters of Permissible Activities of the LSBA
On September 14, 2021, the Louisiana Supreme Court enacted a new section 6 to Louisiana Supreme Court Rule XVIII (“Roll of Attorneys.”) See La.S.Ct.R. XVIII, § 6. The new Section …
On Being Forced Into and Excluded from the Bar Association
I am a New Orleans law professor, lawyer, and card-carrying member of the Louisiana State Bar Association. For more than 30 years, I have enthusiastically volunteered hundreds of hours working …
Should Louisiana Force its Lawyers to Pay for Speech That They Don’t Support?
By Jacob Huebert, James Baehr, and Dane S. Ciolino The First Amendment guarantees every American’s freedom of speech and freedom of association. That means we all get to choose what …
Lawyers Have a First Amendment Right to Advertise “Past Results”
Yet another federal court has struck down a ban on advertisements containing information about “past results.” See Rubenstein v. The Fla. Bar, No. 14-CIV-20786-BLOOM/VALLE (S.D. Fla. Dec. 8, 2014). The Florida rules …
State Can’t Prohibit a Lawyer from Quoting Judge’s Kind Words in Advertisements
A New Jersey disciplinary rule that prohibits a lawyer from excerpting a court opinion discussing the lawyer’s legal abilities is unconstitutional, says the United States Court of Appeals for the …