Legal Ethics of Online Attorney Advertising


Re-Broadcast on May 10, 2018

CLE Credits earned: 2 ETHICS

This CLE will examine the many ways in which an attorney’s or law firm’s on-line presence, whether by web site, blogs, social media sites such as LinkedIn and Facebook, attorney listing sites such as Yahoo and Martindale-Hubbell, and referral services such as Avvo and LEGALSEARCH, can be deemed advertising for purposes of state ethics rules governing attorney advertising, and the different ways such rules are applied. It will discuss the lack of uniformity in the various state bar advertising rules and the impact of proposed rules to eliminate virtually all of the current restrictions on attorney advertising. Also included will be a rundown of the numerous ethical risks apart from violation of the advertising rules attendant to attorneys’ on-line statements, and the practical ways for attorneys and firms to protect themselves from risks of ethical violations in connection with their on-line presence.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   What On-Line Activity Runs Afoul of the Advertising Rules Under the Model Rules of Professional Responsibility
•   How to Make Sure Your Web Sites, LinkedIn Profiles, Avvo Listings, Blogs, etc., Comply with the Model Rules’ Advertising Requirements
•   Throwing Out the Rules: Recent Proposals for Radical Streamlining of the Advertising Rules to Conform to the Realities of Social Media

Date / Time: May 10, 2018

•  2:00 pm – 4:00 pm Eastern
•  1:00 pm – 3:00 pm Central
•  12:00 pm – 2:00 pm Mountain
•  11:00 am – 1:00 pm Pacific

Choose a format:

•  Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•  On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.


Danny Howell, Esq. has been representing attorneys in professional liability suits, bar investigations and defense of bar complaints, and disbarment actions before the federal courts and the United States Patent & Trademark Office, for nearly 30 years, and lectures and publishes frequently on legal ethics topics. In 2007 Danny was named a Fellow of the National Institute for Teaching Ethics and Professionalism.

Danny is admitted to practice in Virginia, Maryland, and the District of Columbia. He is the owner of the Law Offices of Danny M. Howell, PLLC, a litigation boutique in McLean, Virginia. Danny carries an AV® Peer Review Rating by Martindale-Hubbell.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

Automatic MCLE Approvals
All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AL, AR, CA, CO, CT, FL, GA, HI, ME, MO, MS, MT, ND, NH, NM, NJ, NY, PA, PR, SD, UT, WV, WY and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

Applied MCLE Approvals
myLawCLE seeks approval via application in all other states that are not automatically approved through myLawCLE’s state accreditation. (Some states may take up to 4 weeks to send in final accreditation, however attendees will receive accreditation according to the date the class was taken—the state of VA may take up to 12 weeks.)

Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs

Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except LA and PA—these two states require in-person attendance to qualify for “Live” CLE credit.

“Live” Re-Broadcasts
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NM and LA.]

On-Demand CLEs
On-demand CLE classes are available 24/7 via the myLawCLE portal. Attendance to these classes is monitored and recorded via our login process and a certificate of completion is issued upon the close of viewing the program. These CLEs can be viewed at anytime and only qualify for self-study CLE credits.

Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, CT, FL, GA, ME, MO, MT, ND, NH, NJ, NY, PR, SD and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

myLawCLE Credit Guarantee
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. The Advertising Rules Meet the Internet: How the Model Rules of Professional Responsibility Apply to Social Media

Section II. What You Can and Cannot Say About Yourself Under the Advertising Rules

Section III. Is Your Web Site Compliant with the Advertising Rules?

Section IV. Do Client and Peer Endorsements on LinkedIn and Avvo Violate the Advertising Rules?

Section V. Do the Rules Allow You to Participate in Referral Services Like Avvo and LEGALMATCH?

Section VI. Tweets and Blogs: Are Disclaimers Required?

Section VII. Starting the Revolution: Radical Changes in the Advertising Rules