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June 08, 2005

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» 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]

» Kentucky Lawyers Also Welcome Here from On Firm Ground
I would also like to offer my blog to any Kentucky lawyers who wish to continue blogging until this issue is resolved. [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]

» Today's List: Smoke This from ambivalent imbroglio
So you heard about the Supreme Court's take on medical marijuana. [Read More]

» CLUELESS from The Common Scold
David Giacalone at f/k/a sounds a Paul Revere alert about a recent bonehead decision by the Kentucky Attorney's Advertising Commission that demonstrates that the group is clueless about blogs. Check out David's full post here. Here's an excerpt: Kentu... [Read More]

» Why Isn't Anyone Speaking for the Five Solos Targeted by the Connecticut Bar's Attack on So-Called Referral Services? from My Shingle
So, let's say that a typical consumer - we'll call her Jane Consumer - in Connecticut finds herself hounded by creditors and deeply in debt. Jane's heard that bankruptcy might help but she doesn't know if it's right for... [Read More]

Comments

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.

Evan

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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