The State Bar Association of North Dakota Winter 2013 Gavel Magazine | Page 14
LAWYER ETHICS & TECHNOLOGY
cal user interfaces and hypertext links between different addresses – called also Web.” The web page of this law firm provides information of the firm, including its members, in the obvious hope of informing users of the World Wide Web about this law firm to advertise its business and attract clients. In other words, the purpose of this web page is the promotion and advertising of the law firm.3 The SBAND Committee’s opinion concluded, “[A]ttorney advertising or solicitation on a web page is governed by the same rules generally applicable to attorney advertising or solicitation done by more traditional methods.”4 Following this conclusion, North Dakota lawyers maintaining web pages are advised to comply with North Dakota Rules of Professional Conduct 7.1 prohibiting “false or misleading communication about the lawyer, a person professionally associated with the lawyer, or their services.”5 Comment 4 to Rule 7.1 provides that ethical constraints are intended to apply to lawyer use of the internet: Technology may allow use of information that is not readily apparent within a commercial communication. For example, Internet sites may include devices to facilitate an Internet search for a site or topic, such as legal services. A lawyer must avoid the use of any information that is not seen, for example metatags or similar devices, if that information would be inappropriate under these rules if it were seen.6 Rule 7.5 carries the Rule 7.1 restriction to law firm names, letterheads and designations. It provides, “A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1. A trade name may be used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable legal services organization and is not otherwise in violation of Rule 7.1.”7 Comment 1 notes, “A firm may be designated by the names of all or some of its members, by the names of deceased members where there has been a continuing succession in the firm’s identity or by a trade name such as the ‘ABC Legal Clinic.’ A lawyer or law firm may also be designated by a distinctive website address or comparable professional designation.”8 Most published ethical guidance speaks to the subdomain portion of the URL. All jurisdictions I found speaking on the question have concluded a law firm’s domain name need not be identical to the firm name. However, the ethics opinions also agree lawyer domain names are subject to Rule 7.1 so that the chosen name cannot be false or misleading. See State Bar of Arizona Ethics Op. 2001-05 (2001) (firm cannot use “countybar” domain name because it implies affiliation with bar association); Kentucky State Bar Ethics Op. E-427 (2007) (domain name different than firm name permissible if not false, deceptive, or misleading); New Jersey Advertising Ethics Op. 32 (2005) (Internet domain can be different than firm name but must comply with advertising rules); North Carolina State Bar Ethics Op. 05-14 (2006) (firms can use domain not identifying owners as law firms if addresses not otherwise misleading); Ohio Sup. Ct. Ethics Op. 99-4 (1999) (“willwineverycaseforyou.com” violates rule against misleading communications); South Carolina Bar Ethics Advisory Op. 04-06 (2004) (firm using des ?\ ]?H?XZ[??[YHY[?Y?Z[???Y[? ?X?X?H\?\ ?? ?X]HY????[ ?H?Z\?XY[??K? ?????]X???[?[??Y ?\?? H \?Z\??X?H \?H? ? []?[?XZ[??YX[?[?? H ???K ?Y H? ???\?Y?][????\?H???H H ?[YH ?]H[? ?XX?Y??\?[???? \?[??H ? H\?^??H?]H?\?]X???[?[? ?ZY H \?H? ????HH??\ ??][?] H ?X?\?H]??\?H ??[?H [?]X?[ ?HH??[Z] YH??? YY8?'??\ ??]]??\?H?XZ[??[Y\??[????H?[ ?KZ\?XY[??X?\ ]?K ?[?[]Y]?K?[\ H ?X?X[??\][??H?Y??[X][? [?\?? ?YK?\?Y??K ?]?]H]??\?\??[??? \?H ?X??\?H?XZ[??[Y\? ][\ H ??YH^? \?]?HY??[X][? ?]B???\?X?H[?Y[??\?????Z??H?\ ?[YH??\???Z\?XY[??]??\?H[?\??]?XZ[??[Y\??[??[?]H]X???[\[?Y? ??\?\??Y??[?[?\??]?XZ[??[YH\??H ??]?Z[X?H ?[ ?\HH]??\?x?&\? X?X?[XY?K??]?[? H[\?[??H?H?XZ[??[YK]?Y\?? ?X\??X? HZY? ]Y\?[? ?]\?[?H ?\? ?X?[????\?? ?[X?[??H ?X?Y ?\??? H ? []?[?XZ[?\?Y?][?? ???K ??? ?[?????\?]?Z[X?H??K?HH\?^??H?\? ??YY[?^ [?][??Y??\?[? \? ???XZ[??[Y\? ?][??8?'?XZ[??[Y\??'H?[??[?\?Y ?\??\?? H[?\??] ?^HY[?Y?H ?X?Y?X? ?]\?? H???YH?X??H?XZ[??[YH?T?
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