Author: Josh King
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February 2017 Notes: Keeping Your Cool
Airport Lawyers. If early results are any indication, the Trump administration will be keeping lots of lawyers busy. Besides the usual change-of-administration drama, the early days of this go-round saw the middle east travel…
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Publishing Article = Not Commercial Speech
Another 11th Circuit case, also involving doctors. Rebecca Tushnet has the details, but it’s another of those relatively-rare cases dealing with the question of whether something that isn’t a straightforward advertisement can be commercial…
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Good Reversal in “Docs v. Glocks” Case
The 11th Circuit in Florida has just issued its en banc ruling in the infamous “Docs v. Glocks” case. This is something like the third or fourth decision in this case, which addresses the…
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Fake News, Hate Speech, and the First Amendment
I launched this blog as a place to keep all of my notes and thoughts on the professional regulation of attorney speech, a topic largely (but not entirely) informed by the commercial speech doctrine.…
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The McDonalds of Law?
Late last year, I offered to a room full of attorneys that they should consider emulating McDonalds when it comes to delivering consumer legal services. Yes, the response was underwhelming. But hear me out:…
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This is Why We Can’t Have Nice Things
If you want to see a particularly bleak example of what’s wrong with the legal profession’s over-regulation, check out Massachusetts Bar Ethics Opinion 98-1. This opinion finds that attorneys can’t offer limited scope legal…
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Worrying vs. Looking to Opportunity
The Georgetown Law Journal just published an article by Alberto Bernabe, a professor at John Marshall Law School in Chicago. Titled “Avvo Joins the Legal Market; Should Attorneys Be Concerned?,” the article goes through twenty-some pages…
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Ethics Opinions: A Modest Proposal
A few months back, I ranted about the inanity of Bar ethics opinions – those things that purport to help conscientious attorneys ensure they are fully in compliance with the Rules of Professional Conduct.…