General Links

« Larry Fox and Drinker, Biddle & Reath Honored | Main | Chinese Walls: Racist? »

June 08, 2005

Is Ben Cowgill's Blog an Advertisement?

I was surprised and disappointed to hear that Ben Cowgill's Legal Ethics Blog has been so quiet because the Kentucky State Bar has been deciding whether to treat the blog as advertising that would require Ben to pay $50 for each post or edit to to a post.  (more at Volokh and f/k/a EthicalEsq, who has instructions on how to politely contact the Bar and let them know how you feel on this issue).

When he started his blog, Ben communicated with the Kentucky State Bar to make sure they had no problems with the blog -- which is the ethical approach that epitomizes Ben's legal practice.

I am pretty certain that under California's rule, my posts are neither "communications" nor "solicitations" because I am most certainly not signaling my availability for professional employment. 

Here's hoping that the Kentucky Bar takes this chance to quickly modernize its rules and its approach.  Treating Ben's blog as advertising makes no sense, is probably unconstitutional, and will drag bar regulations into disrepute.

UPDATE:  Although the blog in question is not a direct pitch for new clients, it now seems to me that it probably falls within a broad definition of advertising.  If, however, the state bar is going to define advertising that broadly, it should tailor its regulations more narrowly and precisely.

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341cb84553ef00d834589e3569e2

Listed below are links to weblogs that reference Is Ben Cowgill's Blog an Advertisement?:

» Every law-blog post an advertisement? from Overlawyered
The Kentucky Bar is advancing the unreasonable position that when a lawyer operates a weblog, every post he or she puts up counts as an advertisement for legal services. Ben Cowgill is at the center... [Read More]

» we are blawggers -- hear us roar from f/k/a . . . .
Thirteen hours ago, just after 10 PM last night, I emailed a bunch of weblawggers to alert then to Ben Cowgill's tussle with the Kentucky Attorney's Advertising Commission over whether weblogs are advertising and every post requires a $50 filing fee. [Read More]

» Every law-blog post an advertisement? from Overlawyered
The Kentucky Bar is advancing the unreasonable position that when a lawyer operates a weblog, every post he or she puts up counts as an advertisement for legal services. Ben Cowgill is at the center... [Read More]

Comments

"...will drag bar regulations into disrepute."

Not that you probably don't know this, but based on what the bar refers to as "ethics", to the average thinking American (and most of the unthinking ones), the bar in total (regulations included) is already in pretty serious disrepute. There's not a whole lot of room for more, so what's the big deal?

That sounds like an unreasonable restraint on speech, if you ask me.

Deoxy: How about "futher into disrepute"?

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been posted. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment