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  • Pay-per-Action, Legal Edition

    June 28, 2016

    Lawyers can advertise, and they can pay to do so. We’ve known that since Bates v. Arizona, in 1977; this principle is basically the driving force behind this blog. And this right exists notwithstanding…

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  • Embrace Mediocrity

    June 21, 2016

    Why are lawyers stuck when it comes to thinking about expanding the legal marketplace? It’s not as if there’s no opportunity here; it’s widely accepted that most people don’t avail themselves of legal help,…

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  • “Getting” Commercial Speech

    June 14, 2016

    The Floyd Abrams Institute for Freedom of Expression is a program at Yale law; yesterday it put on a symposium in New York City on “Commercial Speech and the First Amendment.” It was a…

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  • Florida Continues the Over-Regulatory Spiral

    May 30, 2016

    Last week, I wrote about the decision of the New Jersey Committee on Attorney Advertising doubling down on compelled speech (around attorney “accolade” advertising), despite a recent Third Circuit decision noting that such regulation…

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  • New Jersey – Still Wrong on Lawyer “Accolade” Advertising

    May 26, 2016

    The New Jersey Supreme Court Committee on Attorney Advertising recently released a “Notice to the Bar” regarding attorney “accolade” advertising: the touting by attorneys of various awards they might have received (including, presumably, their…

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  • Oregon Bar Walks Back Bogus Ethics Charges Over Bundy Lawyers

    May 6, 2016

    I love Oregon. I grew up in Bend, went to college in Eugene, and go back to spend time in and on Oregon’s mountains, beaches, and forests every chance I get. It is –…

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