The New York County Lawyers Association Professional Ethics Committee issued on March 10 Formal Opinion 748 on the ethical implications of attorney profiles on the social network LinkedIn. New York County attorneys must ensure their profiles are truthful, not misleading, and periodically monitor profile content for accuracy—an admonition that all attorneys should adhere to.
The good news in Formal Opinion 748 is that a profile containing only an attorney’s education and employment history does not constitute attorney advertising. But if the attorney profile also describes practice areas, skills or endorsements then the profile may be attorney advertising, which should contain disclaimers in The New York Rules of Professional Conduct, Rule 7.1, namely, that the website have “Attorney Advertising” published on the home page or prominently in the profile.
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