The proposed new advertising rule as published by the KBA in Bench & Bar says..

 Proponents suggest that the proposed rule only applies to solicitations of employment.  But the language is interperted by some to say that any legal discussion on Facebook or other social media may be a violation.  Or does it?   The history of the Bar Counsel office is to interpert rules in an inclusive manner and not in a restrictive manner.   You should form your own conclusion from the following language.

AAC Regulation No. 17: (proposed new regulation)


 SCR 3.130-7.02(1)(j) states:

 “ Advertise’ means to furnish any information or communication containing

a lawyer’s name or other identifying information, and

 an ‘advertisement’ is any information containing a lawyer’s name or other

identifying information, except the following . . .

 Information and communication by a lawyer to members of the public in the format of web log journals on the internet that permit real time communication and exchanges on topics of general interest in legal issues, provided there is no reference to an offer by the lawyer to render legal services.”

 Communications made by a lawyer using a social media website, such as

MySpace and Facebook, that are of a non-legal nature are not considered

advertisements; however, those that are of a legal nature are governed by SCR


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