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  • North Carolina Defeats First Amendment Defense to UPL

    October 3, 2017

    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

    September 25, 2017

    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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  • September Notes: Fee-splitting, burner devices, and more judicial “friends.”

    September 21, 2017

    The Fight Over Judicial “Friends” Continues.  A Florida case highlighted in last month’s newsletter has been decided, with the outcome being that a Miami judge does not need to recuse herself merely because she…

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  • No, the Facial Validity of Ad Rules Doesn’t Get Ethics Committees Off the Hook

    September 14, 2017

    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

    August 28, 2017

    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

    August 9, 2017

    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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