How to Feed a Lawyer (and Other Irreverent Observations from the Legal Underground)

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June 08, 2005


Ben Cowgill

Thanks, Evan; I appreciate your post. Actually I winced when I read the phrase "ethics problems of his own." Under Kentucky's rules, a matter in dispute with the Advertising Commission is not an "ethics problem" unless and until it is referred to the disciplinary system based on a finding of intentional non-compliance. As I indicated in my own post about this issue, I submitted an information copy of my blog to the Commission at the time it was launched, and I have helped the Commission think through the issue of how to treat law-related blogs under the Kentucky advertising rules. So it's not an "ethics problem."

Having said that, let me compliment you for noticing the exception in the Rules for third-party publications. Ironcially, that means I can post the Legal Ethics Blog on your dime, but not on my own, according to a literal interpretation of Kentucky's outdated rules.


Ben: I understand why you winced at the phrase "ethics problem of his own." After reading your comment, I changed the phrase to "grappling with an ethics issue firsthand."

Believe me, it's a struggle churning out post after post without the help of a good editor. At the moment, mine's in bed asleep. (I mean Andrea, of course.) In any event, thanks for pointing out my insensitive phrasing, which I chose too quickly as a way to highlight the irony of your situation while failing to think through all the connotations of what I'd written. Please accept my apologies.

The Bull Fighter

In a sense, taking on a notorious case, such as the Michael Jackson trial, if done on a discounted or pro bono basis might be considered an advertisement for a lawyer's services, should one take a broad view of what an advertisement might be to include any sort of marketing or promotional effort.

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