CA Lawyers May Be Liable For Content On Non-Attorney Blogs

If a lawyer writes a post for a blog, it may be subject to attorney advertising rules even if the site is not maintained by a lawyer. The California Standing Committee on Professional Responsibility and Conduct (COPRAC) is considering whether lawyer blogs are subject to the many restrictions of the Rule of Professional Conduct 1-400, which would mark a significant increase in possible liability for making a mistake in those writings. The Committee has changed its draft rule to exempt blogs by lawyers on non-legal topics – the rules will only apply if the lawyer explicitly states in the post that he or she is available for employment. For lawyers writing on blogs and including information for prospective clients, even if the blog is not operated by an attorney, “be very careful in how you describe your practice and your intent to gain new clients,” Lawyerist warns.