As legal professionals adapt to technology and a changing legal marketplace, traditional ethics regulations may not adequately address cutting-edge issues. For example, does a lawyer’s LinkedIn page constitute attorney advertising? What if a client posts a negative review about an attorney online—can the lawyer disclose confidential information in the name of defending the lawyer’s reputation? Are flat nonrefundable fee arrangements permissible under the Rules of Professional Conduct?
This article considers these questions in light of two recent bar ethics opinions. Specifically, in Formal Opinion 748 (2015), the New York County Lawyers’ Association (NYCLA) recently determined that certain aspects of LinkedIn profiles constitute attorney advertising, and must therefore comply with the technical rules governing such communications. In Opinion 1032 (2014) the New York State Bar Association explained that a lawyer may not respond to a negative online review posted by a former client if that response would disclose confidential client information.
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