Author: Josh King
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North Carolina Defeats First Amendment Defense to UPL
North Carolina – which has one of the most specific definitions of “the practice of law” going – has just won an unlicensed practice of law victory over an association that wanted to provide…
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SF “Soda Warning” Law Nixed
Sugar-water-purveyors and nanny-state-haters alike can cheer: San Francisco’s disclaimer requirement for soda advertisers has been killed off by the Ninth Circuit. What kind of disclaimer? A prominent box containing this text: WARNING: Drinking beverages…
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No, the Facial Validity of Ad Rules Doesn’t Get Ethics Committees Off the Hook
As I’ve often noted, I take a dim view of ethics opinions that don’t consider the First Amendment implications when dealing with lawyer advertising. I mean, it’s a pretty important thing, the First Amendment,…
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August Notes: All About the Judges
Judges: Social Media on Their Minds. As social media gets both more commonplace and mature, it’s natural that even judges will be using the stuff. I mean, it’s not like we’re going to require…
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More Ethics Opinions on Avvo Legal Services
I recently returned from lovely Asheville, North Carolina, where the North Carolina State Bar moved to adopt an ethics opinion favorable to Avvo Legal Services. The Bar also proposed changes to the fee-sharing and…
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Why New Jersey Gets it Wrong on Avvo Legal Services
OK, so one of the last things I read work-wise, before going off the grid to chase after Amelia Earhart in Kiribati for three weeks, was this joint opinion by three committees of the…
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Welcome Back From the Jungle
My father is an archaeologist; he’s spent years working in the Pacific, and I spent a summer as a child trolling around places like Saipan, Chuuk, and Pohnpei. When I was in college, my…
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Compelled Speech & Viewpoint Discrimination
So “compelled speech.” The government telling you what you’ve got to say. It’s surprisingly common, and also often uncontroversial. Think nutrition labeling and warning signs. Other times, not so much. So what’s the test?…