The Ethics of Getting Publishe

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Getting Published for Business, Professional and Personal Development © 2007 Ari L. Kaplan • www.arikaplanadvisors.com Massachusetts Lawyers Journal Massachusetts Lawyers Weekly Matrimonial Strategist (LJN) Medical Malpractice Law & Strategy (LJN) Metropolitan Corporate Counsel Metropolitan News Michigan Lawyers Weekly Minnesota Lawyer Missouri Lawyers Weekly National (Canada) National Jurist National Law Journal New Jersey Law Journal New Jersey Lawyer New York Family Law Monthly (LJN) New York Law Journal New York Real Estate Law Reporter (LJN) New York State Bar Journal North Carolina Lawyers Weekly Oregon State Bar Bulletin Patent Strategy & Management (LJN) Peer to Peer Pennsylvania Bar News Philadelphia Lawyer Privacy and Data Protection Legal Reporter (LJN) Product Liability Law & Strategy (LJN) Professional Marketing Rhode Island Lawyers Weekly Same Sex Partnership Law Report (LJN) San Diego Daily Transcript San Diego Lawyer San Francisco Attorney Small Firm Business South Carolina Lawyers Weekly SportBusiness International (UK) Super Lawyers Texas Bar Journal Texas Lawyer The Recorder Trials Digest Virginia Lawyers Weekly Wisconsin Lawyer Magazine World Internet Law Report

Sample Pitch

Dear Editor (use first or last name depending on your preferences):

I am interested in writing a column for NEWSPAPER / MAGAZINE on emerging issues in international e-commerce. I spoke with Chris earlier today and she thought that it was an interesting idea that I should pursue with you.

By way of introduction, I am a corporate attorney practicing in New York City. I currently co-author a column in The Journal of Commerce on international matters. I have also written for The New York Law Journal and will have a book review published in The Federal Lawyer next month.

In the past few months, international e-commerce developments have been of increased interest in the legal community because of new legislation that is being proposed. In addition to this article, I am also hoping to give a presentation on the emergence of international e- commerce at the Internet Conference in Chicago, IL in March.

A column on this topic would combine my experience in international transactions with the general public excitement and interest in the Internet.

I have attached samples of my recently published work for your reference. I hope that we can work together and I look forward to hearing from you.

Sincerely,

Ethics References Related to Getting Published

Compiled by Ari Kaplan [email protected] (646) 641-0600 NEW YORK STATE BAR ASSOCIATION NYSBA The Lawyer’s Code of Professional Responsibility itations on behalf of governmental officials or candidates for public office for which the lawyer or any law firm with which the lawyer is associated did not perform or seek to perform legal work, (f) whether the contributor has made a contribution to the government official’s or candidate’s opponent(s) during the same campaign period and, if so, the amounts thereof and (g) whether the contributor is eligible to vote in the jurisdiction of the governmental official or candidate, and if not, whether other factors indicate that the contribution or solicitation was nonetheless made to further a genuinely held political, social or economic belief or interest rather than to obtain a legal engagement.

DISCIPLINARY RULES

DR 2-101 [§1200.6] Publicity and Advertising. A. A lawyer on behalf of himself or herself or partners or associates, shall not use or disseminate or participate in the preparation or dissemination of any public communication or communication to a prospective client containing statements or claims that are false, deceptive or misleading. B. (Repealed) C. It is proper to include information, provided its dissemination does not violate the provisions of DR 2-101 [1200.6] (A), as to: 1. legal and nonlegal education, degrees and other scholastic distinctions, dates of admission to any bar; areas of the law in which the lawyer or law firm practices, as authorized by the Code of Professional Responsibility; public offices and teaching positions held; memberships in bar associations or other professional societies or organizations, including offices and committee assignments therein; foreign language fluency; ` 2. names of clients regularly represented, provided that the client has given prior written consent; 3. bank references; credit arrangements accepted; prepaid or group legal services programs in which the attorney or firm participates; nonlegal services provided by the lawyer or by an entity owned and controlled by the lawyer; the existence of contractual relationships between the lawyer or law firm and a nonlegal professional or nonlegal professional service firm, to the extent permitted by DR 1-107 [1200.5-c], and the nature and extent of services available through those contractual relationships; and 4. fees for initial consultation; contingent fee rates in civil matters when accompanied by a statement disclosing the information required by DR 2- 101 [1200.6] (L); range of fees for legal and nonlegal services, provided that there be available to the public free of charge a written statement clearly describing the scope of each advertised service; hourly rates; and fixed fees for specified legal and nonlegal services. D. Advertising and publicity shall be designed to educate the public to an awareness of legal needs and to provide information relevant to the selection of the most appropriate counsel. Information other than that specifically authorized in DR 2-101(C) [1200.6(c)] that is consistent with these purposes may be disseminated providing that it does not violate any other provisions of this Rule. E. A lawyer or law firm advertising any fixed fee for specified legal services shall, at the time of fee publication, have available to the public a written

22 statement clearly describing the scope of each advertised service, which statement shall be delivered to the client at the time of retainer for any such service. Such legal services shall include all those services which are recognized as reasonable and necessary under local custom in the area of practice in the community where the services are performed. F. If the advertisement is broadcast, it shall be prerecorded or taped and approved for broadcast by the lawyer, and a recording or videotape of the actual transmission shall be retained by the lawyer for a period of not less than one year following such transmission. All advertisements of legal services that are mailed, or are distributed other than by radio, television, directory, newspaper, magazine or other periodical, by a lawyer or law firm that practices law in this state, shall also be subject to the following provisions: 1. A copy of each advertisement shall at the time of its initial mailing or distribution be filed with the Departmental Disciplinary Committee of the appropriate judicial department. 2. Such advertisement shall contain no reference to the fact of filing. 3. If such advertisement is directed to a predetermined address, a list, containing the names and addresses of all persons to whom the advertisement is being or will thereafter be mailed or distributed, shall be retained by the lawyer or law firm for a period of not less than one year following the last date of mailing or distribution. 4. The advertisements filed pursuant to this subdivision shall be open to public inspection. 5. The requirements of this subdivision shall not apply to such professional cards or other announcements the distribution of which is authorized by DR 2-102 [1200.7] (A). G. If a lawyer or law firm advertises a range of fees or an hourly rate for services, the lawyer or law firm may not charge more than the fee advertised for such services. If a lawyer or law firm advertises a fixed fee for specified legal services, or performs services described in a fee schedule, the lawyer or law firm may not charge more than the fixed fee for such stated legal service as set forth in the advertisement or fee schedule, unless the client agrees in writing that the services performed or to be performed were not legal services referred to or implied in the advertisement or in the fee schedule and, further, that a different fee arrangement shall apply to the transaction. H. Unless otherwise specified in the advertisement, if a lawyer publishes any fee information authorized under this Disciplinary Rule in a publication which is published more frequently than once per month, the lawyer shall be bound by any representation made therein for a period of not less than 30 days after such publication. If a lawyer publishes any fee information authorized under this Rule in a publication which is published once per month or less frequently, the lawyer shall be bound by any representation made therein until the publication of the succeeding issue. If a lawyer publishes any fee information authorized under this Rule in a publication which has no fixed date for publication of a succeeding issue, the lawyer shall be bound by any representation made therein for a reasonable period of time after publication, but in no event less than 90 days. I. Unless otherwise specified, if a lawyer broadcasts any fee information authorized under this Rule, the lawyer shall be bound by any representation made therein for a period of not less than 30 days after such broadcast.

23 J. A lawyer shall not compensate or give any thing of value to representatives of the press, radio, television or other communication medium in anticipation of or in return for professional publicity in a news item. K. All advertisements of legal services shall include the name, office address and telephone number of the attorney or law firm whose services are being offered. L. A lawyer or law firm advertising any contingent fee rates shall, at the time of the fee publication, disclose: 1. Whether percentages are computed before or after deduction of costs, disbursements and other expenses of litigation; 2. That, in the event there is no recovery, the client shall remain liable for the expenses of litigation, including court costs and disbursements. DR 2-102 [§1200.7] Professional Notices, Letterheads, and Signs. A. A lawyer or law firm may use professional cards, professional announcement cards, office signs, letterheads or similar professional notices or devices, provided the same do not violate any statute or court rule, and are in accordance with DR 2-101 [1200.6], including the following: 1. A professional card of a lawyer identifying the lawyer by name and as a lawyer, and giving addresses, telephone numbers, the name of the law firm, and any information permitted under DR 2-101 [1200.6](C), DR 2- 101 [1200.6](D) or DR 2-105 [1200.10]. A professional card of a law firm may also give the names of members and associates. 2. A professional announcement card stating new or changed associations or addresses, change of firm name, or similar matters pertaining to the professional offices of a lawyer or law firm or of any nonlegal business conducted by the lawyer or law firm pursuant to DR 1-106 [1200.5-b]. It may state biographical data, the names of members of the firm and associates and the names and dates of predecessor firms in a continuing line of succession. It may state the nature of the legal practice if permitted under DR 2-105 [1200.10]. 3. A sign in or near the office and in the building directory identifying the law office and any nonlegal business conducted by the lawyer or law firm pursuant to DR 1-106 [1200.5-b]. The sign may state the nature of the legal practice if permitted under DR 2-105 [1200.10]. 4. A letterhead identifying the lawyer by name and as a lawyer, and giving addresses, telephone numbers, the name of the law firm, associates and any information permitted under DR 2-101 [1200.6](C), DR 2-101 [1200.6](D) or DR 2-105 [1200.10]. A letterhead of a law firm may also give the names of members and associates, and names and dates relating to deceased and retired members. A lawyer or law firm may be designated “Of Counsel” on a letterhead if there is a continuing relationship with a lawyer or law firm, other than as a partner or associate. A lawyer or law firm may be designated as “General Counsel” or by similar professional reference on stationery of a client if the lawyer or the firm devotes a substantial amount of professional time in the representation of that client. The letterhead of a law firm may give the names and dates of predecessor firms in a continuing line of succession. B. A lawyer in private practice shall not practice under a trade name, a name that is misleading as to the identity of the lawyer or lawyers practicing under

ABA Model Rules of Professional Conduct Provisions Relating to Getting Published

Rule 7.1 Communications Concerning a Lawyer's Services

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

Rule 7.2 Advertising

(a) Subject to the requirements of Rules 7.1 and 7.3, a lawyer may advertise services through written, recorded or electronic communication, including public media.

* * *

Rule 7.4 Communication of Fields of Practice and Specialization

(a) A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law.

(b) A lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation "Patent Attorney" or a substantially similar designation.

(c) A lawyer engaged in Admiralty practice may use the designation "Admiralty," "Proctor in Admiralty" or a substantially similar designation.

(d) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:

(1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and

(2) the name of the certifying organization is clearly identified in the communication.

Source: http://www.law.cornell.edu/ethics/aba/current/ABA_CODE.HTM#Part%201%20- %20Client%20Lawyer%20Relationship

Ethics Opinions Related to Getting Published

Compiled by Ari Kaplan [email protected] (646) 641-0600

Nassau County Bar Association http://www.nassaubar.org/ethic_opinions_details.cfm?OpinionID=39

Ethics Opinions

NASSAU COUNTY BAR ASSOCIATION COMMITTEE ON PROFESSIONAL ETHICS

Archive of Ethics Opinions

Opinion No.: 96-3 (Inquiry No.): 577

Topics: Communicating with jurors after trial

Digest: Subject to any applicable statutes, court rules, or court customs, an attorney may send a letter to jurors after they are discharged asking them to talk with him about the trial, provided he does not harass or embarrass the jurors or attempt to influence their actions in future jury service. Moreover, subject to other laws, he may use the information he obtains in a book or other publication about the trial as long as the publication will not materially prejudice any ongoing adjudicative proceeding.

Code DR 1-102 Provisions: DR 1-103 EC 7-29 through EC 7-32 DR 7-107 DR 7-108

Facts Inquiring attorney recently conducted a jury trial. (The inquiring attorney does Presented: not state where the trial was conducted or whether his client won or lost.) During voir dire, the full name and the town or village in which each juror resided were provided to the trial attorneys. From this information, the inquiring attorney is able to obtain the mailing address for each juror.

The jury trial is now completed, and the inquiring attorney wishes to send a letter to the jurors asking them to meet with him to discuss the trial and the jury's deliberations. The purpose of the interviews with the jurors is to obtain information for use in a book or other publication that the inquiring attorney intends to write concerning the particular trial. The letter to the jurors would advise them that they have the right not to communicate with the attorney.

Inquiry: Inquiry No. 1: After a jury trial is completed, may a lawyer contact the jurors by letter asking them to meet with him to discuss the trial and the jury's deliberations?

Inquiry No. 2: If the answer to the first inquiry is yes, may the attorney use the information obtained during the juror interviews in a book or other publication that the attorney intends to write about the particular trial?

Determination: Inquiry No. 1: Yes, subject to stated limitations.

Inquiry No. 2: Yes, subject to stated limitations.

Analysis: Communications with jurors are governed by ER 7-108.

We note that some jurisdictions prohibit or severely restrict communications with jurors or their families after trial. see, e.g., Sixberry v. Buster, 88 F.R.D. 561 (E.D. Pa. 1980) (holding that a lawyer was not entitled to communicate with jurors after trial "to improve his skills as a lawyer," and noting the "strong and well-established policy of the federal courts" not to permit attorney communications with jurors absent some evidence of juror impropriety) ; N.J. Court Rule 1:16-1 (post-trial juror interviews are not permitted absent leave of court for good cause shown); Oregon Ethics Op. 1995-143 (1995) (post-trial interviews with jurors are not prohibited by DR 7-108 (D) , but are prohibited by state law and by a local federal court rule). See generally ABA/BNA LAWYERS' MANUAL ON PROFESSIONAL CONDUCT 61:806-807 (August 26, 1992 update) (collecting cases restricting post-trial

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contact with jurors); Annotation, 19 A.L.R.4th 1209 (1983) (same).

We have not researched statutes, court rules, or court customs regarding communications with jurors or their families after trial because this Committee's jurisdiction is limited to interpreting the Code of Professional Responsibility. We therefore urge the inquiring attorney to research any applicable statutes, court rules, and court customs. If any applicable statute, court rule, or custom restricts communications with jurors after trial, a violation of that rule might well be "conduct that is prejudicial to the administration of justice" in violation of DR 1-102 (A) (5) .

With those preliminary considerations out of the way, we turn to our analysis of the two inquiries.

A. Analysis of Inquiry No. 1

DR 7-108 provides, in full, as follows:

A. Before the trial of a case a lawyer connected therewith shall not communicate with or cause another to communicate with anyone the lawyer knows to be a member of the venire from which the jury will be selected for the trial of the case.

B. During the trial of a case:

1. A lawyer connected therewith shall not communicate with or cause another to communicate with any member of the jury.

2. A lawyer who is not connected therewith shall not communicate with or cause another to communicate with a juror concerning the case.

C. DR 7-108(A) and (B) do not prohibit a lawyer from communicating with members of the venire or jurors in the course of official proceedings.

D. After discharge of the jury from further consideration of a case with which the lawyer was connected, the lawyer shall not ask questions of or make comments to a member of that jury that are calculated merely to harass or embarrass the juror or to influence the juror's actions in future jury service.

E. A lawyer shall not conduct or cause, by financial support or otherwise, another to conduct a vexatious or harassing investigation of either a member of the venire or a juror.

F. All restrictions imposed by DR 7-108 upon a lawyer also apply to communications with or investigations of members of a family of a member of the venire or a juror.

G. A lawyer shall reveal promptly to the court improper conduct by a member of the venire or a juror, or by another toward a member of the venire or a juror or a member of his or her, family of which the lawyer has knowledge.

Since the inquiries involve conduct that will occur after trial is completed, DR 7-108 (A), (B) & (C) do not apply. However, DR 7-108(D) through (G) do apply.

The most important provision is DR 7-108(D). That subparagraph prohibits only those questions or comments "calculated merely to harass or embarrass the juror or to influence the juror's actions in future jury service." This language is explained in EC 7-29, which provides, in pertinent part, as follows:

EC 7-29: . . . After the trial, communication by a lawyer with jurors is permitted so long as a lawyer refrains from asking questions or making comments that tend to harass or embarrass the juror or to influence actions of the juror in future cases....When an extrajudicial communication by a lawyer with a juror is permitted by law, it should be made considerately and with deference to the personal feelings of the juror.

Thus, the inquiring attorney may communicate with a juror after trial as long as he does not make comments or ask questions intended to harass or embarrass the juror, or that would, "influence actions of the juror in future cases." The inquiring attorney may therefore send a letter to the discharged jurors asking them to speak with him about the trial.

Our conclusion is consistent with New York State Ethics- Op. 246 (1972), in which a lawyer inquired whether, after the jury was discharged, he could "question a juror concerning the views of the juror or the panel as a whole about the case or any other matter relating to the jury's verdict." The New

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York State Committee on Professional Ethics answered the question in the affirmative. The Committee did not engage in any analysis, but answered the question simply by quoting DR 7-108 and EC 7-29, which were virtually the same in 1972 as they are today.

Our conclusion is also consistent with ethics opinions from several other jurisdictions. See Virginia Ethics Op. 1549 (1993) (lawyer who believes a jury's verdict was contrary to the vast preponderance of the evidence may contact the jurors after their term of jury service has expired to find out if the jury considered extraneous matters in reaching the verdict); Pennsylvania Ethics Op. 91-52 (1991) (law firm that represented a defendant who was found liable in product liability case may assign a paralegal to telephone jurors for post-trial interviews provided that the paralegal does not intimidate or pressure the jurors). Philadelphia Ethics Op. 91-27 (1991) (lawyer may distribute questionnaire to jurors after a civil trial to determine each juror's background, political views, and reactions to specific evidence or events at the trial provided that the lawyer does not violate local court rules or customs requiring prior court approval, the lawyer does not harass or embarrass the jurors or attempt to influence their actions in later jury service, and the questionnaire states that the jurors have no obligation to answer any of the questions). But see Brassell v. Brethauer, 305 So.2d 217 (Fla. App. 1974) (post-trial juror interviews violate DR 7- 108(D) unless the lawyer has "reasonable grounds" for the interview).

The terms "harass" and "embarrass" are commonly understood so we need not define them in detail. If the inquiring attorney was on the losing side, however, he should be careful not to criticize the jury's verdict or reasoning. In the ABA Standards for the Administration of criminal Justice, for example, the Comment to Standard 3-5.4 ("Relations with Jury") states that neither prosecutors nor defense attorneys should discuss a case with a jury in a way critical of the jury's verdict.

The phrase "influence the juror's actions in future jury service" is more cryptic. We think it refers to questions or comments that a reasonable person would expect to encourage a juror to avoid future jury service or to decide a case improperly. Moreover, the attorney should think carefully before telling the discharged jurors about evidence that was excluded or not presented during trial, since that might lead the jurors to believe, in future jury service, that the lawyers are not presenting the "real story" at trial. See Colorado Ethics Op. 70 (1985) (a lawyer may not disclose to discharged jurors any information that was, not presented to the jury at trial if the lawyer's intention is to criticize the verdict, influence a juror's actions in future jury service, or harass the jurors). Other comments by a lawyer might also violate DR 7-108(D), but we do not need to set forth detailed guidelines here because the inquiring attorney has not asked about any specific questions or comments.

DR 7-108(E) reinforces subparagraph (D) by prohibiting a lawyer from personally conducting or in any way causing another to conduct a "vexatious or harassing investigation" of a juror. As a threshold matter, we note that DR 7-108(E) applies to post-trial investigations. The term "juror" applies not only to those still serving on a jury at trial, but also to those who have been discharged. We think that because DR 7-108(D), which applies only "[a]fter discharge of the jury," uses the terms "member of that jury" and "juror" rather than "former juror" or "discharged juror."

The term "investigation" would encompass personal interviews with a juror, as well as any other efforts to find out about a juror, whether from the juror personally or from third parties, including the juror's friends, family, or business or social contacts. We do not define "vexatious" or "harassing" because their common meaning is well understood.

DR 7-108(F) reinforces subparagraphs (D) find (E) by applying the restrictions of those subparagraphs to investigations of a juror's family. Thus, if the inquiring attorney intends to talk to any family members of the jurors, he must abide by all of the provisions of DR 7-108.

EC 7-30 and 7-31 elaborate on the meaning of DR 7-108(E) and (F) as follows:

EC 7-30:

vexatious or harassing investigations of members of the venire or jurors seriously impair the effectiveness of our jury system. For this reason, a lawyer or anyone on the lawyer's behalf who conducts an investigation of members of the venire or jurors should act with circumspection and restraint.

EC 7-31:

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Communications with or investigations of members of families of the venire or jurors by a lawyer or by anyone on the lawyer's behalf are subject to the restrictions imposed upon the lawyer with respect to communications with or investigations of members of the venire and jurors.

That brings us to DR 7-108 (G) , which requires a lawyer to "reveal promptly to the court" any "knowledge" of "improper conduct" by a juror or a member of a venire, or by any person toward a member of the venire or a juror, or by any person toward a juror's family. If the inquiring attorney obtains "knowledge'' of any such improper conduct during his post-trial interviews, is he obligated to report it to the court even though the trial is over? Yes, he is. This is clear from the following sentence in EC 7-29:

Were a lawyer to be prohibited from communication after trial with a juror, the lawyer could not ascertain if the verdict might be subject to legal challenge, in which event the invalidity of a verdict might go undetected.

The quoted sentence from EC 7-29 should be coupled with EC 7-32, which provides as follows:

EC 7-32: Because of the duty to aid in preserving the integrity of the jury system, a lawyer who hears of improper conduct by or towards a member of the family of either should make a prompt report to the court regarding such conduct.

Thus, if the inquiring attorney obtains knowledge of any improper conduct by or toward a juror, a venire, or a member of the family of a juror or venire member, he will be obligated under DR 7-108(C) to report that conduct.

If the inquiring attorney obtains knowledge of misconduct by an attorney in violation of DR 7-108, the inquiring attorney my be obligated to report that misconduct pursuant to DR 3.-103 (A). A report in compliance with DR 7-108(G) would fulfill any duty to report that the attorney might have under DR 1-103(A), which requires a report either to a tribunal or to some "other authority empowered to investigate or act upon such violation." However, a report to some "other authority" under DR 1-103(A) would not fulfill the duty to report to "the court" under DR 7-108(G). If the inquiring attorney obtains evidence of a violation of DR 7-108 that falls short of "knowledge," he need not report the possible violation, but DR 1-103(B) will obligate him to reveal that evidence to a tribunal or other investigative authority upon a proper request.

B. Analysis of Inquiry No. 2.

The second inquiry is whether the inquiring attorney may use the information he obtains from the discharged jurors for the purpose of writing a book or other publication about the particular trial? Nothing in the Code of Professional Responsibility directly addresses this question, and DR 7-108 places no restrictions on the use of information properly obtained from jurors. The only Code provision that may apply is DR 7-101 ("Trial Publicity"). DR 7- 107(A) provides as follows:

A lawyer participating in or associated with a criminal or civil matter shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding.

The inquiring attorney does not say whether his recently completed trial was civil or criminal, or whether either side appeared the verdict. If no appeal is pending, then an extrajudicial statement (such as a book or article) could not materially prejudice the proceeding. However, if either side has filed an appeal, the attorney should consider the possibility that his book or article would materially prejudice the appeal or any retrial that might be ordered. Moreover, we cannot tell from the inquiry whether there are any related ongoing proceedings (such as other trials arising out of the same facts) that could be prejudiced by the inquiring attorney's publication. If there is any appeal or related ongoing proceeding, DR 7-107(B) and (C) provide detailed guidance as about the kinds of statements that presumably would and would not cause material prejudice.

A remaining open question is whether the inquiring attorney must notify the jurors, before interviewing them, that he intends to use the information to write a book or article about the trial. The inquiring attorney's proposed letter to the jurors will advise them that he wishes to talk with them about the trial and that they have no obligation to talk with him, but the inquiry does not expressly state whether the inquiring attorney will advise the jurors that he is

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writing a book. In our opinion, the Code of Professional Responsibility does not require him to notify the jurors of his purpose before interviewing them. Whether he must notify them before he actually refers to them by name in a book or other publication is a question of law beyond our jurisdiction.

[Approved by the Executive Subcommittee on 12/12/95; Approved by the Full Committee on 1/31/96]

Archive of Ethics Opinions

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Virginia Code of Professional Responsibility

Canon 2

http://www.vsb.org/profguides/1999/codeprof.html

bar to meet the highest standards is the ethical responsibility of every lawyer.

EC 1-2. The public should be protected from those who are not qualified to be lawyers by reason of a deficiency in education, ethical standards or of other factors which reflect adversely on an attorney's fitness to practice law. To assure the maintenance of high ethical and educational standards of the legal profession, lawyers should affirmatively assist courts and other appropriate bodies in promulgating, enforcing, and improving requirements for admission to the bar. In like manner, the bar has a positive obligation to aid in the continued improvement of all phases of pre-admission and post-admission legal education.

EC 1-3. Before recommending an applicant for admission, a lawyer should satisfy himself that the applicant is of good ethical character. Although a lawyer should not become a self-appointed investigator or judge of applicants for admission, he should report to proper officials all unfavorable information he possesses relating to the character or other qualifications of an applicant.

EC 1-4. The integrity of the profession can be maintained only if conduct of lawyers in violation of the Disciplinary Rules is brought to the attention of the proper officials. A lawyer should reveal voluntarily to those officials all unprivileged knowledge of conduct of lawyers which he believes clearly to be in violation of the Disciplinary Rules. A lawyer should, upon request, serve on and assist committees and boards having responsibility for the administration of the Disciplinary Rules.

EC 1-5. A lawyer should maintain high standards of professional conduct and should encourage fellow lawyers to do likewise. He should be temperate and dignified, and he should refrain from all illegal and ethically reprehensible conduct which reflects adversely on his fitness to practice law. Because of his position in society, even minor violations of law by a lawyer may tend to lessen public confidence in the legal profession. Obedience to law exemplifies respect for law. To lawyers especially, respect for the law should be more than a platitude.

EC 1-6. An applicant for admission to the bar or a lawyer may be unqualified, temporarily or permanently, for other than ethical and educational reasons, such as mental or emotional instability. Lawyers should be diligent in taking steps to see that during a period of disqualification such person is not granted a license or, if licensed, is not permitted to practice. In like manner, when the disqualification has terminated, members of the bar should assist such person in being licensed, or, if licensed, in being restored to his full right to practice.

CANON 2.

A Lawyer Should Assist the Legal Profession in Fulfilling Its Duty to Make Legal Counsel Available and Should Render Pro Bono Publico Legal Services.

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DISCIPLINARY RULES.

DR 2-101. Publicity and Advertising.

(A) A lawyer shall not, on behalf of himself or any other lawyer affiliated with him or his firm, use or participate in the use of any form of public communication if such communication contains a false, fraudulent, misleading, or deceptive statement or claim. For example, a communication or advertisement violates this rule if it:

(1) Contains misleading fee information;

(2) States or implies that the outcome of a particular legal matter was not or will not be related to its facts or merits;

(3) Compares a lawyer's services with other lawyers' services, unless the comparison can be factually substantiated;

(4) Contains an endorsement by a celebrity or public figure who is not a client of the firm without disclosure (a) of the fact that the speaker is not a client of the lawyer or his firm and (b) whether the speaker is being paid for his appearance or endorsement; or

(5) Contains a portrayal of a client by a non-client without a disclosure that the depiction is a dramatization.

In the determination of whether a communication or advertisement violates this rule, the communication or advertisement shall be considered in its entirety including any qualifying statements or disclaimers contained therein.

(B) A public communication for which a lawyer has given value must be identified as such unless it is apparent from the context that it is such a communication. If such communication is disseminated to the public by use of electronic media and is prerecorded prior to dissemination, the prerecorded communication shall be approved by the lawyer before it is broadcast. A recording of any actual transmission shall be retained by the lawyer for a period of one year following the last broadcast date and shall be provided to the Standing Committee on Lawyer Advertising and Solicitation upon its request.

(C) A written communication that is contained in an envelope bearing the lawyer's or firm's name and the purpose of which in whole or in part is an initial contact to promote employment for a fee, sent to a prospective non-lawyer client who is not

(a) a close friend, relative, current client, former client; or

(b) one who has initiated contact with the attorney; or

(c) one who is similarly situated with a current client of the attorney with respect to a specific matter being handled by the attorney, to the extent that the prospective client's

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rights may be reasonably expected to be materially affected by the outcome of that matter

shall be identified by conspicuous display of the statement in upper case letters "ADVERTISING MATERIAL."

The required statement shall be displayed in the lower left hand corner of the front of the envelope in type size at least equal to the largest type used on the envelope, and also on the front of the first page of the communication contained in the envelope, in type size at least equal to the largest type used on the page.

Further, any such written communication shall not be sent by registered mail or other forms of restricted delivery, nor shall such written communication be sent to any person who has made known to the lawyer a desire not to receive communications from the lawyer.

This subsection (C) does not apply to any communication which is directed to be sent by a court or tribunal, or otherwise required by law.

(D) Public communication means all communication other than "in person" communication as defined by DR 2-103.

DR 2-102. Professional Notices, Letterheads, Offices, and Law Lists.

(A) A lawyer or law firm may use or participate in the use of a professional card, professional announcement card, office sign, letterheads, telephone directory listing, law list, legal directory listing, or a similar professional notice or device unless it includes a statement or claim that is false, fraudulent, misleading, or deceptive.

(B) A trade name may be used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable organization and is not otherwise in violation of DR 2-101(A). The name of a lawyer holding a public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm.

(C) A lawyer shall not hold himself out as having a partnership with one or more other lawyers unless they are in fact partners.

(D) A law firm shall not be formed or continued between or among lawyers licensed in different jurisdictions unless all enumerations of the members and associates of the firm on its letterhead and in other permissible listings make clear the jurisdictional limitations of those members and associates of the firm not licensed to practice in all listed jurisdictions; however, the same firm name may be used in each jurisdiction.

DR 2-103. Recommendation or Solicitation of Professional Employment.

(A) A lawyer shall not, by in-person communication, solicit employment as a private practitioner for himself, his partner, or associate or any other lawyer affiliated with him or his firm from a nonlawyer who has not sought his advice regarding employment of a lawyer

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(4) The representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client.

(C) In any court proceeding, counsel of record shall not withdraw except by leave of court after notice to the client of the time and place of a motion for leave to withdraw. In any other matter, a lawyer shall continue representation, notwithstanding good cause for terminating the representation, when ordered to do so by a tribunal.

(D) Upon termination of representation, a lawyer shall take reasonable steps for the continued protection of a client's interests, including giving reasonable notice to the client, allowing time for employment of other counsel, delivering all papers and property to which the client is entitled, and refunding any advance payment of fee that has not been earned. The lawyer may retain papers relating to the client to the extent permitted by applicable law.

ETHICAL CONSIDERATIONS.

EC 2-1. The need of members of the public for legal services is met only if they recognize their legal problems, appreciate the importance of seeking assistance, and are able to obtain the services of acceptable legal counsel. Hence, important functions of the legal profession are to educate laymen to recognize their legal problems, to facilitate the process of intelligent selection of lawyers, and to assist in making legal services fully available.

Recognition of Legal Problems.

EC 2-2. The legal profession should assist laypersons to recognize legal problems because such problems may not be self-revealing and often are not timely noticed. Therefore, lawyers should encourage and participate in educational and public relations programs concerning our legal system, with particular reference to legal problems that frequently arise. Preparation of advertisements and professional articles for lay publications, participation in seminars, lectures, and civic programs, and other forms of permitted communications by lawyers to the public should be motivated by a desire to increase the public's awareness of legal needs and its ability to select the most appropriate counsel, rather than for the sole purpose of obtaining publicity for particular lawyers.

EC 2-3. Whether a lawyer acts properly in volunteering advice to a layperson to seek legal services depends upon the circumstances. The giving of advice that one should take legal action could well be in fulfillment of the duty of the legal profession to assist laypersons in recognizing legal problems. The advice is proper whenever it is motivated by a desire to protect one who does not recognize that he may have legal problems or who is ignorant of his legal rights or obligations. It is improper if the advice is false, fraudulent, deceptive, or misleading. It is also improper, if given in person, when the advice is offered under circumstances which present a substantial potential for coercion, duress, or overreaching, which hold out unwarranted promises of benefits, taking into account the mental, physical,

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or emotional condition of the layperson and the circumstances surrounding the advice; or when the advice is given to a layperson who does not have a prior relationship to the lawyer, or who is relatively unsophisticated or inexperienced regarding legal services.

EC 2-4. A lawyer who writes or speaks for the purpose of educating members of the public to recognize their legal problems and informing them of his availability to furnish legal services should carefully refrain from giving or appearing to give a general solution applicable to all apparently similar individual problems, since slight changes in fact situations may require a material variance in the applicable advice; otherwise, the public may be misled and misadvised. Talks and writings by lawyers for laypersons should caution them not to attempt to solve individual problems upon the basis of the information contained therein.

Selection of a Lawyer.

EC 2-5. Formerly a potential client usually knew the reputations of local lawyers for competency and integrity and therefore could select a practitioner in whom he had confidence. This traditional selection process worked well because it was initiated by the client and the choice was an informed one.

EC 2-6. Changed conditions, however, have seriously restricted the effectiveness of the traditional selection process. Often the reputations of lawyers are not sufficiently known to enable laypersons to make intelligent choices. The law has become increasingly complex and specialized. Few lawyers are willing and competent to deal with every kind of legal matter, and many laypersons have difficulty in determining the competence of lawyers to render different types of legal services. The selection of legal counsel is particularly difficult for transients, persons moving into new areas, persons of limited education or means, and others who have little or no contact with lawyers. Lack of information about the availability of lawyers, the specialized competence of particular lawyers, and the cost of legal services have been said to lead laypersons to avoid seeking legal advice.

EC 2-7. Selection of a lawyer by a layperson should be made on an informed basis. Advice and recommendation of third parties -- relatives, friends, acquaintances, business associates, or other lawyers -- and publicity and personal communications from lawyers may help to make this possible. A lawyer should not compensate another person for recommending him, for influencing a prospective client to employ him, or to encourage future recommendations except that he may pay for advertisements and other public communications, for participation in legal referral services, or for lawful prepaid legal services plans or legal services insurance. A lawyer may accept compensation from a nonprofit organization furnishing legal services without charge to laypersons in furtherance of political or associational expression. Advertisements and public communications should be formulated to convey information that is useful to a layperson in making an appropriate selection. Self-laudation should be avoided. Information that may be helpful in some situations would include: (1) office information, such as, name, including name of law firm and names of professional associates; addresses; telephone numbers; credit card acceptability; language spoken and written; and office hours; (2) biographical information; (3) description of the practice, but only by using designations and definitions authorized by

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DR 2-104; and (4) fee information.

Advertising and Public Communications.

EC 2-8. The proper motivation for commercial publicity by lawyers lies in the need to inform the public of the availability of competent, independent legal counsel. The public benefit derived from advertising depends upon the usefulness of the information provided to the community or to the segment of the community to which it is directed. To achieve these objectives, advertising must not be false, fraudulent, misleading or deceptive. Advertising marked by excesses of content, volume, scope or frequency, or which unduly emphasizes unrepresentative biographical information, does not provide that public benefit.

Solicitation and Permitted Communication.

EC 2-9. In person communications between a lawyer and a layperson regarding legal problems and the selection of a lawyer should likewise be motivated by a desire to inform the layperson of the availability of competent, independent legal counsel. Since in person communication provides the opportunity for a two-way exchange of information regarding legal problems and lawyers, the lawyer should encourage questions and respond willingly, candidly, and truthfully. Only personal communications which are not false, fraudulent, deceptive or misleading can provide useful information. However, the in person character of such communications -- in face-to-face settings and by telephone -- can give rise to overreaching on the part of the lawyer or a feeling of being pressured for a response on the part of the layperson. Such communication is improper if it has the potential of involving coercion, duress, compulsion, intimidation, threats, unwarranted promises of benefits, overpersuasion, overreaching, or vexatious or harassing conduct. In determining whether such a potential exists, a lawyer should be aware of whether the layperson's physical, mental or emotional state makes it possible for him to make a reasoned judgment regarding the selection of a lawyer. He should also take into account such other factors as the age, education, and experience of the layperson and any preexisting relationships (family, friendship, or business or other) between the lawyer and the layperson.

In person communications regarding legal problems and the selection of a lawyer are also improper if the recipient, by virtue of inexperience or lack of sophistication about legal services, is not capable of making an informed decision during the course of the conversation.

The experience and sophistication of the layperson regarding legal services and the employment of a lawyer has an important bearing on whether a lawyer should volunteer through personal contact advice that he should obtain the service of a lawyer. There is a greater danger of the lawyer's overreaching or the layperson's feeling pressured to employ the lawyer in cases of relatively inexperienced or unsophisticated persons than in other cases. For example, a young couple considering the purchase of their first home may not have the experience or sophistication to evaluate in a personal conversation the reasons they need a lawyer. On the other hand, a business executive may be quite familiar with and capable of evaluating in the same context his need and choice of a lawyer.

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Also, close friends, relatives, clients and former clients, and other persons who have established personal business or professional relationships with a lawyer or his firm are deemed to be informed about the need and services of the lawyer. It is therefore proper for the lawyer to volunteer advice to such persons concerning the engagement of a lawyer and then accept employment. Of course, the advice should not be false or misleading, and should be given in circumstances which do not have the potential for overreaching.

The in person solicitation of personal injury and wrongful death claims is fraught with special perils, as noted by the United States Supreme Court Ohralik v. Ohio State Bar Assn., 436 U.S. 447 (1978). The potential for overreaching is very great when a lawyer, a professional trained in the art of persuasion, personally solicits an injured or distressed layperson. The injured person's plight not only makes him or her more vulnerable to influence, but is also more likely to make the overtures of an uninvited lawyer more obtrusive and distressing as an invasion of the individual's privacy. Accordingly, a different rule prevails. Lawyers may not solicit these types of claims by face-to-face or telephone communication, in the absence of a family or prior professional relationship, unless the contact is completely free of any motivation for financial gain.

Avoidance of Deceptiveness.

EC 2-10. Advertisements and personal communications which are not misleading or deceptive will make it apparent that the necessity and advisability of legal action depends on variant factors that must be evaluated individually. Because fee information frequently may be incomplete and misleading to a layperson, a lawyer should exercise great care that fee information is complete and accurate. Because of the individuality of each legal problem, statements regarding average, minimum or estimated fees may be deceiving as will commercial publicity conveying information as to results previously achieved, general or average solutions, or expected outcomes. It would be misleading to advertise a set fee for a specific type of case without adhering to the stated fee in charging clients. Advertisements or other claims that convey an impression that the ingenuity of the lawyer rather than the justice of the claim is determinative are similarly likely to be deceptive. Statistical data or other information based on past performance or prediction of future success is deceptive because it ignores important variables. Only factual assertions, and not opinions, should be made in such communications. Commercial publicity and personal communications addressed to undertaking any legal action should always indicate the provisions of such undertaking and should disclose the impossibility of assuring any particular result. Not only must communication be truthful but its meaning must be capable of being understood by the reasonably prudent layperson.

EC 2-11. The regulation of advertising and personal communications by lawyers is rooted in the public interest. Advertising through which a lawyer seeks business by use of extravagant, or self-laudatory statements or appeals to fears and emotions could mislead laypersons. Furthermore, public and personal communications that produce unrealistic expectations in particular cases may bring about distrust of the law and lawyers. Thus, public confidence in our legal system would be impaired by such statements regarding professional services. The attorney-client relationship, being personal and unique, should not be established as the result of pressures and deceptions. All lawyers should remain

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vigilant to prevent deceptive publicity that would mislead laypersons, cause distrust of the law and lawyers, and undermine public confidence in the legal system. Only unambiguous information relevant to a layperson's decision regarding his legal rights or his selection of counsel is appropriate in communications.

EC 2-12. The Disciplinary Rules recognize the value of giving assistance in the selection process through forms of communications that furnish identification of a lawyer while avoiding falsity, deception and misrepresentation. All such communications should be evaluated with regard to their effect on the reasonably prudent layperson. The non-lawyer is best served if communications about legal problems and lawyers contain no misleading information or emotional appeals, and emphasize the necessity of an individualized evaluation of the situation before conclusions as to legal needs and probable expenses can be made. The attorney-client relationship should result from a free and informed choice by the layperson. Unwarranted promises of benefits, overpersuasion, or vexatious or harassing conduct are improper.

EC 2-13. The name under which a lawyer conducts his practice may be a factor in the selection process. The use of a name which could mislead laypersons concerning the identity, responsibility, and status of those practicing thereunder is not proper. For many years some law firms have used a firm name retaining one or more names of deceased or retired partners and such practice is not improper if the firm is a bona fide successor of a firm in which the deceased or retired person was a member, if the use of the name is authorized by law or by contract, and if the public is not misled thereby. However, the name of a partner who withdraws from a firm but continues to practice law should be omitted from the firm name in order to avoid misleading the public.

EC 2-14. A lawyer occupying a judicial, legislative, or public executive or administrative position who has the right to practice law concurrently may allow his name to remain in the name of the firm if he actively continues to practice law as a member thereof. Otherwise, his name should be removed from the firm name, and he should not be identified as a past or present member of the firm; and he should not hold himself out as being a practicing lawyer.

EC 2-15. In order to avoid the possibility of misleading persons with whom he deals, a lawyer should be scrupulous in the representation of his professional status. He should not hold himself out as being a partner or associate of a law firm if he is not one in fact, and thus should not hold himself out as a partner or associate if he only shares offices with another lawyer.

EC 2-16. In some instances a lawyer confines his practice to a particular field of law. In the absence of state controls or other standards to insure that the public is not misled about the existence of special competence, a lawyer should not hold himself out as a specialist or as having official recognition as a specialist, other than in the fields of admiralty, trademark, and patent law where a holding out as a specialist historically has been permitted. A lawyer may, however, indicate, in public announcements and personal communications, if it is factual, a limitation of his practice or that he practices in one or more particular areas or fields of law, which will assist laypersons in selecting counsel and accurately describe the

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Legal Ethics Opinion No. 1381

Confidences and Secrets--Criminal Representation: Attorney Authoring a Book Based in Part On a Criminal Case

You have indicated that you represented a defendant about ten years ago in a very unusual criminal case. The defendant was acquitted and you are now nearing completion in the writing of a book which closely follows the facts and events of the case, although none of the principals involved are in any way identified and fictitious names and places are used. Furthermore, you indicate that, in addition to those parts of the story which come from information provided by your client during representation, you have also added parts of pure fiction.

You have requested that the committee opine as to the propriety of your authoring such a part-fact/part-fiction work if all characters and places are fictional, no identification is made of the case, client or any other party connected with the case, and the book has the usual disclaimer as to "actual persons."

The appropriate and controlling disciplinary rules relevant to the issue you have raised are DR 4-l0l(B) which mandates that a lawyer shall not knowingly reveal a confidence or secret of his client, nor shall the lawyer use a confidence or secret of his client to the disadvantage of the client or for the lawyer's own or a third person's advantage; and DR 4-l0l(C)(l) which permits a lawyer to reveal a client's secrets or confidences with the consent of the client after full disclosure. As indicated in DR 4-l0l(A), a "confidence" refers to information protected by the attorney-client privilege under applicable law, while a "secret" refers to other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client. Therefore, the question of whether the information you wish to include in your book is a "confidence" requires a legal determination beyond the purview of the committee's authority. Since the definition of a "secret" includes a much broader scope of material, for purposes of this opinion the committee construes the information you wish to include as a secret. Further guidance as to the application of the pertinent rules is found in Ethical Considerations 4-5 and 4-6.

The committee has earlier opined that a lawyer may prepare and publish a [non-fiction] law journal article based upon the facts of a case in which he has represented a defendant both civilly and criminally assuming the lawyer has received the client's fully informed consent. See LEO #l336. In addition, the committee directs your attention to ABA Informal Opinion 920 (February 24, l966) which found no impropriety in a lawyer writing works of fiction under his own name.

Under the facts of the question you have posed, the committee is of the opinion that the informed consent of your former client would be required despite your indication that the book would be based only partly on the facts, trial and information gained from your former client. With such consent, the committee sees no

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impropriety in your authoring and publishing the part-fact/part-fiction work you have described.

Committee Opinion September 13, 1990

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Legal Ethics Opinion No. 1425 Advertising and Solicitation: Publication of Article With Misleading Implications You have presented a hypothetical situation in which an attorney holds himself out by letterhead and otherwise as possessed of special expertise in a particular industry. At some point, the principal trade association serving that industry terminates the employment of one of its employees. You further indicate that the attorney never represented the association and had no access to any legal advice the association may have received from its in-house or outside attorneys nor any information concerning the decision-making process and the relevant facts and circumstances that led the association to end its employment relationship with the employee. Finally, you have informed the committee that the attorney published an article in the industry trade press stating, among other things, that the association "fired [the employee] because people grossly misunderstood what trade association activities violate the antitrust laws." You have asked the committee to opine whether, under the facts of the inquiry, the conduct in question could be construed as false, fraudulent, misleading, or deceptive under the Code of Professional Responsibility.

The appropriate and controlling Disciplinary Rules related to your inquiry are DR 2-101(A) and DR 2-102(A) which provide inclusively that a lawyer shall not use or participate in the use of any form of public communication or in the use of a professional notice or device if such communication, notice or device contains a false, fraudulent, misleading, or deceptive statement or claim. The committee has previously opined that it is not per seunethical for an attorney to advertise that he specializes in a certain area of law so long as the advertisement does not say that he is a recognized or certified specialist. See LEO #923. Your inquiry did not indicate how the attorney held himself out by letterhead as being "possessed of special expertise in a particular industry" nor did your inquiry indicate whether or not the attorney advertised himself as being a recognized or certified specialist. The committee opines that, unless the attorney held himself out as possessing special expertise in the particular industry when in fact he had no such expertise, such advertisement would not be considered false, fraudulent, misleading or deceptive, or violative of DR 2-102(A). See also EC 2-16. The committee believes that a lawyer should refrain from making statements in public communications which reflect on another attorney or firm's fitness to practice law, which are merely self-laudatory, or which are not supported by factual assertions. Such statements, if made solely to garner further business, may mislead the layperson to whom they are directed and therefore undermine the public's confidence in the legal system. See LEOs #l297, l321, l406. The committee is of the opinion that the publication of an article in which an attorney states his opinion as to a particular set of circumstances is not per se improper. See LEO #l336. However, the committee recognizes that assessing the motivation underlying the attorney's article which stated the rationale for the employee's termination requires a factual determination beyond the purview of this committee. If such a factual determination resulted in a finding that, as you have posited, the article was published for the purpose of solicitation of legal employment and with the intent to "have people believe that [the attorney] had full knowledge of the relevant facts and circumstances concerning the association's actions" when, in fact, he had no such information, such statements and publications would then be misleading and violative of DR 2-101 (A). See also ECs 2-10 and 2-ll.

Committee Opinion September 16, 1991

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3 of 3 DOCUMENTS

AMERICAN BAR ASSOCIATION STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY Formal Opinion 92

May 2, 1933

An attorney may sell articles of a general nature on legal subjects to periodicals of general circulation.

CANON INTERPRETED: PROFESSIONAL ETHICS 40

An attorney of the Atlanta Bar seeks the opinion of the committee as to the propriety under ethical standards of the American Bar Association, of his writing, signing and selling to periodicals of general circulation articles of a general nature upon legal subjects.

The committee's opinion was stated by MR. MARTIN, Messrs. Sutherland, Hinkley, Evans, Strother, Carney and Phillips concurring.

Cannon 40 of the Canons of Professional Ethics expressly recognizes the practice as proper with the qualification that "he should not accept employment from such publications to advise inquirers with respect to their individual rights."

Since the articles are to be of a "general nature," we assume they will not come within the exception to Canon 40; that will constitute dignified and instructive treatment of the law, its history, philosophy and interpretation.

Within the bounds indicated, the contemplated activity is entirely proper.

D.C. Rules of Professional Conduct

Rule 7 Information About Legal Services

Rules of Professional Conduct: Rule 7.1--Communications Concern... http://www.dcbar.org/for_lawyers/ethics/legal_ethics/rules_of_profes...

Home > For Lawyers > Ethics > Legal Ethics > Rules of Professional Conduct > Rule Seven Rule 7.1—Communications Concerning a Lawyer's Services

This Rule governed the practice of law in the District of Columbia from January 1, 1991, through January 31, 2007. As of February 1, 2007, the New Rules took effect.

(a) A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it (1) Contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading; or (2) Contains an assertion about the lawyer or the lawyer's services that cannot be substantiated. (b) A lawyer shall not seek by in-person contact, or through an intermediary, employment (or employment of a partner or associate) by a nonlawyer who has not sought the lawyer's advice regarding employment of a lawyer, if: (1) The solicitation involves use of a statement or claim that is false or misleading, within the meaning of paragraph (a); (2) The solicitation involves the use of undue influence; (3) The potential client is apparently in a physical or mental condition which would make it unlikely that the potential client could exercise reasonable, considered judgment as to the selection of a lawyer; (4) The solicitation involves use of an intermediary and the lawyer knows or could reasonably ascertain that such conduct violates the

intermediary's contractual or other legal obligations; or (5) The solicitation involves the use of an intermediary and the lawyer has not taken all reasonable steps to ensure that the potential client is informed of (a) the consideration, if any, paid or to be paid by the lawyer to the intermediary, and (b) the effect, if any, of the payment to the intermediary on the total fee to be charged. (c) A lawyer shall not knowingly assist an organization that furnishes or pays for legal services to others to promote the use of the lawyer's services or those of the lawyer's partner or associate, or any other lawyer affiliated with the lawyer or the lawyer's firm, as a private practitioner, if the promotional activity involves the use of coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct. (d) No lawyer or any person acting on behalf of a lawyer shall solicit or invite or seek to solicit any person for purposes of representing that person for a fee paid by or on behalf of a client or under the Criminal Justice Act, D.C. Code Ann. § 11-2601 et seq., in any present or future case in the District of Columbia Courthouse, on the sidewalks on the north, south, and west sides of the courthouse, or within 50 feet of the building on the east side.

Comment

[1] This Rule governs all communications about a lawyer's services, including advertising. It is especially important that statements about a lawyer or the lawyer's services be accurate, since many members of the public lack detailed knowledge of legal matters. Certain advertisements such as those that describe the amount of a damage award, the lawyer's record in obtaining favorable

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verdicts, or those containing client endorsements, unless suitably qualified, have a capacity to mislead by creating an unjustified expectation that similar results can be obtained for others. Advertisements comparing the lawyer's services with those of other lawyers are false or misleading if the claims made cannot be substantiated.

Advertising [2] To assist the public in obtaining legal services, lawyers should be allowed to make known their services not only through reputation but also through organized information campaigns in the form of advertising. Advertising involves an active quest for clients, contrary to the tradition that a lawyer should not seek clientele. However, the public's need to know about legal services can be fulfilled in part through advertising. This need is particularly acute in the case of persons of moderate means who have not made extensive use of legal services. The interest in expanding public information about legal services ought to prevail over considerations of tradition. [3] This Rule permits public dissemination of information concerning a lawyer's name or firm name, address, and telephone number; the kinds of services the lawyer will undertake; the basis on which the lawyer's fees are determined, including prices for specific services and payment and credit arrangements; a lawyer's foreign language ability; names of references and, with their consent, names of clients regularly represented; and other information that might invite the attention of those seeking legal assistance. [4] Questions of effectiveness and taste in advertising are matters of speculation and subjective judgment. Some jurisdictions have had extensive prohibitions against television advertising, against advertising going beyond specific facts about a lawyer, or against "undignified" advertising. Television is now one of the most powerful media for getting information to the public, particularly persons of low and moderate income; prohibiting television advertising, therefore, would impede the flow of information about legal services to many sectors of the public. Limiting the information that may be advertised has a similar effect and assumes that the Bar can accurately forecast the kind of information that the public would regard as relevant. [5] There is no significant distinction between disseminating information and soliciting clients through mass media or through individual personal contact. In-person solicitation can, however, create additional problems because of the particular circumstances in which the solicitation takes place. This Rule prohibits in-person solicitation in circumstances or through means that are not conducive to intelligent, rational decisions.

Paying Others to Recommend a Lawyer [6] A lawyer is allowed to pay for advertising permitted by this Rule. This Rule also permits a lawyer to pay another person for channeling professional work to the lawyer. Thus, an organization or person other than the lawyer may advertise or recommend the lawyer's services. Likewise, a lawyer may participate in lawyer referral programs and pay the usual fees charged by such programs. However, special concerns arise when a lawyer is making payments to intermediaries to recommend the lawyer's services to others. These concerns are particularly significant when the payments are not being made to a recognized or established agency or organization, such as an organized lawyer referral program. In employing intermediaries, the lawyer is bound by all of the provisions of this Rule. However, subparagraphs (b)(4) and (b)(5) contain provisions specifically relating to the use of intermediaries. [7] Subparagraph (b)(4) forbids a lawyer to solicit clients through another person when the lawyer knows or could reasonably ascertain that such conduct violates a contractual or other legal obligation of that other person. For example, a lawyer may not solicit clients through hospital or court employees if solicitation by such employees

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is prohibited by their employment contracts or rules established by their employment. This prohibition applies whether or not the intermediary is being paid. [8] Subparagraph (b)(5) imposes specific obligations on the lawyer who employs an intermediary to ensure that the potential client who is the target of the solicitation is informed of the consideration paid or to be paid by the lawyer to the intermediary, and any effect of the payment of such consideration on the total fee to be charged. The concept of payment, as incorporated in subparagraph (b)(5), includes giving anything of value to the recipient and is not limited to payments of money alone. For example, if an intermediary were provided the free use of an automobile in return for soliciting clients on behalf of the lawyer, the obligations imposed by subparagraph (b)(5) would apply and impose the specified disclosure requirements.

Solicitations in the Vicinity of the District of Columbia Courthouse [9] Paragraph (d) is designed to prohibit unseemly solicitations of prospective clients in and around the District of Columbia Courthouse. The words "for a fee paid by or on behalf of a client or under the Criminal Justice Act" have been added to paragraph (d) as it was originally promulgated by the District of Columbia Court of Appeals in 1982. The purpose of the addition is to permit solicitation in the District of Columbia Courthouse for the purposes of pro bono representation. For the purposes of this Rule, pro bono representation, whether by individual lawyers or nonprofit organizations, is representation undertaken primarily for purposes other than a fee. That representation includes providing services free of charge for individuals who may be in need of legal assistance and may lack the financial means and sophistication necessary to have alternative sources of aid. Cases where fees are awarded under the Criminal Justice Act do not constitute pro bono representation for the purposes of this Rule. However, the possibility that fees may be awarded under the Equal Access to Justice Act and Civil Rights Attorneys' Fees Awards Act of 1976, as amended, or other statutory attorney fee statutes, does not prevent representation from constituting pro bono representation.

Rule Seven Table of Contents

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Opinion 334

Agreement Between Lawyer and Media Representatives

Rule 1.8(c) does not apply to an agreement between a lawyer representing a client and representatives of the media who are interested in obtaining the lawyer’s story.

But Rule 1.7(b)(4) does apply in such circumstances, and the lawyer must be vigilant to determine those circumstances where an agreement with media representatives gives the lawyer a personal interest in the matter that may be at odds with the lawyer’s obligation to the client.

Obtaining valid consent of the client under Rule 1.7(c) to a conflict arising in such circumstances is difficult because it requires the client to anticipate future aspects of the representation to assess their potential impact on the lawyer’s ability to represent the client. In such circumstances either the client should have independent counsel or the lawyer should consult independent counsel to assure that the lawyer will obtain an objective view of whether the representation can proceed with consent.

Applicable Rules

Rule 1.8(c) (Conflict of Interest – Acquiring Media Rights from Client) Rule 1.7(b)(4) (Conflict of Interest – Lawyer’s Personal Interests) Rule 1.7(c) (Conflict of Interest – Client’s Consent to Conflict) Scope Comment [5] (Interpretation of Specific versus General Rules)

Inquiry A question posed by an inquirer raises important issues concerning Rules 1.7 and 1.8, as well as more general issues concerning how to interpret the D.C. Rules when more than one might apply to the same situation.

The inquirer is a lawyer who represents a pro bono client in litigation. Under their agreement, the client pays nothing for the legal representation and is not required to reimburse the lawyer for expenses of the litigation. The litigation had drawn the interest of the press, and the inquirer finds it necessary to speak to media representatives in the course of the representation. The inquirer has been approached by reporters for newspapers and magazines who are contemplating writing books, and “perhaps” producing motion pictures, about the litigation. The inquirer states that the primary interest of these media representatives is in the lawyers who are conducting the litigation rather than the client. The media representatives would like to discuss an arrangement under which the inquirer would receive compensation from them for the inquirer’s cooperation and the rights to the inquirer’s story; the client, while not the primary focus of the media’s interest, would also receive compensation “for his life rights.” The inquirer would not divulge any confidential information protected by Rule 1.6 (that is to say, the inquirer will disclose neither “confidences” nor “secrets” under that Rule) about the client without the client’s consent. The inquirer asks whether the arrangement sought by the media representatives would violate Rule 1.8(c), which provides:

Prior to the conclusion of representation of a client, a

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lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.

In particular, the inquirer notes, this Rule expressly applies only to an agreement giving the lawyer literary or media rights of the client while, by contrast, in the situation at hand the media, not the lawyer, seek the client’s and the lawyer’s literary and media rights.

We conclude that (1) Rule 1.8(c) does not apply to the facts as presented but (2) Rule 1.7(b)(4) does, and the inquirer cannot proceed to negotiate with the media representatives without full disclosure to the client and an appropriate waiver under Rule 1.7(c), if such a waiver is possible.

1. Rule 1.8(c). This Rule, quoted above, deals with a specific and defined conflict of interest: it arises when a lawyer acquires literary or media rights concerning the lawyer’s representation of a client where that representation is ongoing at the time of the acquisition and where the lawyer generally has the intention to exercise those rights later on, for example by writing a book about the matter. The existence of those media rights in the lawyer’s hands may influence choices made by the lawyer in the representation because the media rights may be worth more if some steps are taken by the lawyer rather than others. If, for example, the lawyer had acquired the right to popularize the client’s story, acceptance of an early settlement might diminish the value of that right, so that the lawyer would then have a personal financial interest in maximizing the value of the media rights that might negatively influence the lawyer’s ability to make the best decisions for the client.

The policy served by the Rule is obvious. A lawyer holding media rights to the story of the very case in which he is involved has an interest in seeing the case sensationalized. The lawyer also has the means of sensationalizing it, by his choices of tactics and by the recommendations he makes to the client (not to plead guilty to a lesser charge, for example). Thus the risk that the lawyer will succumb to these temptations and actually provide less than vigorous representation is not trivial.

1 Hazard and Hodes, The Law of Lawyering, §12.10 at 12-28 (Third Edition, 2004 Supplement). The Rule therefore forbids the acquisition of such rights by the lawyer while the representation is ongoing and the lawyer’s decisions for the client still may be so influenced, and there is no provision therein for waiver by the client.

There is an exception to this rule where the lawyer represents the client only in seeking to sell the client’s literary rights and has a contingent fee arrangement with the client such that the more value the lawyer secures for the client, the greater the fee to the lawyer. See D.C. Rule 1.8, Comment [4]. The clear rationale for the exception is that in such a case the lawyer is induced by the contingent fee to seek the most advantage for the client in the matter at hand, as both are interested in maximizing the value of the literary rights. By contrast, where the subject matter of the lawyer’s representation of the client is other than protecting and enhancing the literary rights of the client, the publicity value of steps taken or not taken in the representation could make the lawyer’s interest in the literary rights conflict with the client’s best interest.

2. Would the sale of the inquirer’s story that is the subject of the inquiry be barred by Rule 1.8(c)? The inquirer states that media representatives have approached him regarding a book or possibly a movie about the representation. The representatives apparently also have approached, or intend to approach, his client and apparently have offered to compensate both.

We do not believe that the present situation triggers Rule 1.8(c).1 That provision prohibits a lawyer from “mak[ing] or negotiat[ing] an agreement giving the lawyer literary or media rights to a portrayal or account” based on the representation (emphasis added). We believe the rule prohibits a lawyer from acquiring media rights from the client or otherwise; it does not, however, prohibit the lawyer from making an agreement with media representatives with respect to his own media rights.

The predecessor provision in the Code of Professional Responsibility, DR 5-104(B), made this clear by providing:

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Prior to conclusion of all aspects of the matter giving rise to his employment, a lawyer shall not enter into any arrangement or understanding with a client . . . by which he acquires an interest in publication rights with respect to the subject matter of his employment . . .

This provision thus simply barred the lawyer from acquiring literary rights from the client. The modified version in the present Rule 1.8(c) maintains the focus on barring the acquisition by a lawyer of literary rights, but broadens this bar so that it is not just the client, but anyone, from whom the lawyer is barred from acquiring such rights.

When the D.C. Bar Board of Governors recommended adoption of the Rules of Professional Conduct, it observed only that the new Rule 1.8(c) was “substantially similar” to the Code provision, noting only that the term “publication” rights had been changed to “literary or media” rights, “a more generally inclusive term.” Proposed Rules of Professional Conduct and Related Comments at 75 (November 19, 1986) (“The Jordan Committee Report”).2 The Board of Governors did not mention that the text had also been changed to bar the acquisition of media rights by the lawyer not only from the client, but from others (for example, a client’s spouse or relative). But, as noted, with these changes the focus of the prohibition remained on the lawyer acquiring media rights that could later be sold to media representatives.

The transaction contemplated by the inquirer would involve a sale of media rights by the inquirer to media representatives, not the acquisition by the inquirer of someone else’s rights, and specifically, not the unconsented use by the inquirer of confidences or secrets of the inquirer’s client.3 This difference takes the inquirer’s proposed transaction outside of the language of Rule 1.8(c). Equally as important, this factual difference is significant in that in some circumstances such a distinction diminishes the potential for evil that the Rule was designed to address. In a situation of the type prohibited by the Rule, the lawyer obtains media rights, say from the client, and holds those rights while continuing to conduct the representation, while intending to make a media deal involving those rights at some later time. Thus the lawyer acquires and holds an asset (the media rights) whose value may fluctuate as events occur in the representation. This gives the lawyer a financial interest in handling the representation so as to maximize the later value of the media rights, but that course might well not coincide with the course that is best for the client. As succinctly stated in comment [4] to Rule 1.8, “Measures that might otherwise be taken in the representation of the client may detract from the publication value of an account of the representation.” This interest is so likely to conflict with the lawyer’s interest in procuring the best result for the client that the prohibition of Rule 1.8(c) is absolute; as we have noted, D.C. Rule 1.8(c) does not allow for the possibility of waiver in any circumstances.

In the situation posed by the inquirer, by contrast, the lawyer does not seek to acquire literary rights that may be the subject of a later arrangement by the lawyer with a media representative, but instead seeks to make an arrangement now with such a representative, based on the lawyer’s story. As we have suggested above, there are many such situations that could create serious conflicts of interest, depending on the particular circumstances. But there are also circumstances that would not necessarily raise any such conflict. For example, a lawyer might give an “account” of the matter by writing an article or delivering a lecture for a fee that was fixed and could not vary with later developments in the representation. In such a situation the lawyer’s later activity in the case would not subsequently be influenced by any financial interest in what that fee would be, as it would be fixed and unchangeable by later developments.

Indeed there are at least some familiar transactions that are similar to the inquirer’s in concept but do not appear ever to have been thought to involve a violation of Rule 1.8(c). The most prominent example would be a situation in which a lawyer writes an article for a publication about the legal profession, or makes a speech or appears at a seminar, where the subject matter includes giving an “account” of current and uncompleted client matters. Such events are extremely common. Some such instances have raised other issues such as the possibility that they would constitute ex parte communications with a court (D.C. Bar Legal Ethics Committee Opinion No. 5, April 23, 1975) or inappropriate advertising (cf. Opinion No. 41, November 22, 1977), but they have never been considered to constitute the acquisition of literary rights so as to

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trigger Rule 1.8(c) or its predecessor, so far as we are aware. These types of transactions do not fall under the language of Rule 1.8(c), and especially since Rule 1.7 is present and would apply to any such arrangement that constituted a conflict of interest, there is no reason to strain the language of Rule 1.8(c) to cover them.

That conclusion is all the more justified because there are other benefits that may flow from some kinds of public attention to “accounts” of ongoing legal matters – as long as that can be done without violating Rule 1.7 (a subject to which we turn below). In addition to education of the bar, as suggested in the previous examples, there can also be benefit to clients whose causes may be assisted by better public understanding, and to the public at large from better understanding of legal issues that may affect it. Thus there would, in at least some circumstances, be good policy grounds to avoid overextension of the reach of Rule 1.8(c).

3. The application of Rule 1.7(b)(4). The situation described by the inquirer raises a serious issue under D.C. Rule 1.7(b)(4). Rule 1.7(b)(4) generally provides that a lawyer may not represent a client with respect to a matter where:

the lawyer’s professional judgment on behalf of the client will be or reasonably may be adversely affected by the lawyer’s responsibilities to or interests in a third party or the lawyer’s own financial, business, property, or personal interests.

This subparagraph clearly covers the very wide range of interests or responsibilities that a lawyer may have that do not involve representation of a different client (conflicts created by differing interests of multiple clients are handled by subparagraphs (b)(1), (2), and (3)) that will or reasonably may affect the lawyer’s ability to represent the client. Obvious examples would be such matters as personal investments of a lawyer in company X that might influence the lawyer’s ability to pursue a claim against X on behalf of a client; a friendship with an officer of company X that might reasonably be thought to affect the lawyer’s ability to represent a client in pursuing a large claim against X; or the lawyer’s guardianship of a person who appears to have played a role in activity that the client wants to challenge. The broadly worded scope of subparagraph (b)(4) shows that any kind of interest or obligation of the lawyer can trigger the applicability of the subparagraph if the presence of that interest could reasonably adversely affect the lawyer’s ability to represent a client in a matter.

The inquirer’s situation clearly creates a potential for a conflict under Rule 1.7(b)(4). The inquirer proposes to make an agreement with representatives who cover the litigation the lawyer is engaged in for various media companies and who are considering writing books or possibly producing a motion picture about that litigation. The situation as presented in the inquiry sounds as though the media representatives’ plans are not fixed; for example it is not clear whether they will seek only to write a book or whether they will attempt to produce a motion picture. Thus it sounds as though whatever financial arrangement the media representative would make would have some contingent features, which would depend upon whether, say, merely a book, or perhaps a movie, may be made out of the story of the litigation. Further, the inquirer states that while the primary focus of the media representatives is on the litigation and the lawyer, the lawyer’s client “would also receive compensation for his life rights.” No confidential information would be used without the client’s consent.

We first observe that even if the inquirer’s action would not violate Rule 1.8(c) because the lawyer is not seeking to acquire the literary or media rights of another, nonetheless something similar (at least) to the concerns underlying Rule 1.8(c) may well be present in some situations. In the situation posed by the inquirer, it seems possible that because the media’s plans as to how to present the story are not fixed, the inquirer might well face a conflict between, on the one hand, obligations to do the best possible thing for the client, and, on the other, a personal interest in having the case be the kind of story that would enhance its interest to the media and the public. Such a situation would present a serious conflict of interest, in our view. Indeed, any agreement made by a lawyer with media representatives presents a conflict of interest if, as a practical matter, its value to the lawyer might fluctuate depending on later events in a related matter in which the lawyer is representing a client.

By contrast, a transaction with media representatives in which any financial compensation was immediately fixed and would not change regardless of what later happened in the case would be less

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objectionable because the inquirer’s later steps in the case would not as obviously be influenced by the possibility that some steps might tend to increase the value of the media contract available. There still could be features requiring attention under Rule 1.7(b)(4). For example, the publicity value of the agreement might still fluctuate in a meaningful way to the lawyer, depending on certain choices that are made in the course of the litigation; or the negotiations over the terms of any agreement might take place during a period in which the lawyer’s actions in the litigation might well be influenced by the negotiations themselves. The inquirer should also be extremely circumspect in describing, in any negotiations, those later events in the case that the inquirer expects to occur and should not make any representations about the future of the case where there is any doubt at all that such eventualities might occur.

The question of how, and even whether, a client may consent to the conflict under Rule 1.7(c) is highly important. Valid consent may be obtained only after consultation with the client, which the Rules define as “communication of information reasonably sufficient to permit the client to appreciate the significance of the matter in question.” D.C. Rules, Terminology [3]. In situations involved here, the question is whether the lawyer’s judgment on how to conduct the representation for the client might be adversely affected by the lawyer’s pecuniary or publicity interest. There are two impediments to a clear appreciation by the client of what is at stake – first, future developments in the representation involve possibilities that may well not be presently understood, so that an appreciation of them currently might be difficult or impossible. Second, questions of the impact on the lawyer’s judgment in carrying out the representation involve issues peculiarly within the knowledge of lawyers but nor of clients.

As to the first of these problems, our Opinion No. 309 comprehensively examines the question of the degree to which consent can be valid where it is given in advance of events that affect the scope of the conflict. We there concluded that a valid advance consent can be given only where full consultation as described in the Rules can be had, and a client has the ability to give fully informed consent, in advance. We note that the situation presented here – where a conflict that arises under Rule 1.7(b)(4) is sought to be waived in advance – was not specifically treated in that opinion, but it is clear that a large part of obtaining a valid waiver of any conflict caused by the lawyer’s negotiation of a contract with media representatives would involve the explanation to the client in detail of the kinds of choices that the lawyer is put to in litigation and the possible impacts on those choices that are the result of having the media contract. This is likely to be more difficult than explaining the usual conflict caused by potential loyalty to another client that arises under Rule 1.7(b)(2). Loyalty, and the ability to act despite somewhat divided loyalties, is a relatively simple concept to understand. But the impact of the lawyer’s personal interests on the lawyer’s ability to make tactical and strategic decisions for a client, which is presented in a conflict arising under Rule 1.7(b)(4), requires the lawyer to explain, and the client to understand, the significance to the client of influences on the lawyer’s handling of specific issues. In these circumstances, it would be highly advisable for the client to have the benefit of independent counsel to offer advice on the scope of any adverse impact on the lawyer’s ability to provide adequate representation despite whatever influence the media arrangement may have. If that is for some reason not possible, the lawyer should likely obtain independent legal advice to provide the most objective view possible of the lawyer’s ability to act adequately for the client in the circumstances.

Actually the problems involved in this situation are more common than might be supposed. Although it might be rare to encounter a media arrangement in which a lawyer is paid money for participating in a story about the lawyer’s ongoing representation, many lawyers know that working on particular matters might draw attention and publicity that could be valuable to them. Moreover, it is quite possible that, without having had any contact with the media concerning a particular representation, a lawyer might know or at least anticipate attention from the media concerning a matter on which the lawyer is working. It may also be true that such media attention is more likely if one issue predominates (say a widely anticipated one arising from a newly enacted statute) than another (say an older issue that may render the newer one irrelevant). A lawyer should always be alive to the possibility of potential influence on the lawyer’s judgment and ability to pursue the best course for the lawyer’s client. We do not mean to suggest that such instances regularly, or even often, create conflicts of interest. Our purpose is to show that there is a wide range of issues involving actual or

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potential media attention that could raise questions under Rule 1.7(b)(4) but do not raise issues under Rule 1.8(c).

4. The “principle of priority” under Scope Comment [5]. We have concluded above that while Rule 1.8(c) does not extend to the situation presented by the inquirer, Rule 1.7(b)(4) does. This situation – in which we essentially conclude that Rule 1.8(c) constitutes a special case of what would otherwise be a conflict under Rule 1.7(b)(4), and that the latter may apply even where Rule 1.8(c) does not – raises a significant question of which Rule takes precedence over the other that is the subject of Scope Comment [5].

Scope Comment [5] enunciates an important rule of interpretation. It states, in its entirety:

In interpreting these Rules, the specific shall control the general in the sense that any rule that specifically addresses conduct shall control the disposition of matters and the outcome of such matters shall not turn upon the application of a more general rule that arguably also applies to the conduct in question. In a number of instances, there are specific rules that address specific types of conduct. The rule of interpretation expressed here is meant to make it clear that the general rule does not supplant, amend, enlarge, or extend the specific rule. So, for instance, the general terms of Rule 1.3 are not intended to govern conflicts of interest, which are particularly discussed in Rules 1.7, 1.8, and 1.9. Thus, conduct that is proper under the specific conflicts rules is not improper under the more general rule of Rule 1.3. Except where the principle of priority stated here is applicable, however, compliance with one rule does not generally excuse compliance with other rules. Accordingly, once a lawyer has analyzed the ethical considerations under a given rule, the lawyer must generally extend the analysis to ensure compliance with all other applicable rules.

Scope Comment [5] makes clear that where conduct is proper, either explicitly or implicitly, under a specific rule dealing with that type of conduct, a more general rule should not be used to render that conduct improper. Thus, for example, if lawyer A moves from partnership in firm X to partnership in firm Y, and firm Y is adverse to firm X on a heated matter, which, however, lawyer A has had nothing to do with and has learned nothing of, Rule 1.10(b) provides, as a result of the balance struck in that Rule, that firm Y does not have a conflict of interest despite the fact that A used to be a partner in firm X. Scope Comment [5] provides that no general rule, such as Rule 1.3 (which requires that a lawyer represent a client “zealously and diligently”), should be cited to upset this balance. The reason is that the conflict of interest rules exist, ultimately, to assure that no such conflict should impede a lawyer from acting “zealously and diligently” for a client. Thus, when Rule 1.10(b) was written, it took into account, and balanced, the considerations behind Rule 1.3. Citing Rule 1.3 in a particular case to invalidate some activity permissible under Rule 1.10(b) would upset that balance written into the Rule and disserve the other considerations.4

None of this pattern is present in considering Rules 1.8(c) and 1.7(b)(4). First, this is a case where the inquirer’s situation does not fall precisely under the terms of the specific Rule – 1.8(c). There is no indication at all, from the purpose, terms, or history of Rule 1.8(c), that it struck any kind of a balance or was in any other way intended to exonerate behavior that was similar to, but fell outside of, the defined scope of behavior that it covers. Instead, Rule 1.8 simply mandates particular treatment of a specific fact situation and says nothing, explicitly or implicitly, about other situations that might be similar. This is in keeping with the general character of Rule 1.8, which “deal[s] with a series of specific situations in which the lawyer’s own interests – often her financial interests – may conflict with the interests of a client. Many of the conflicts of interest that are per se prohibited are catalogued in this rule.” 1 Hazard & Hodes, The Law of Lawyering, §10.4 at p. 10-14. (3d ed 2004 Supp.)5

Some situations are so fraught with danger of serious impropriety . . . that a per se rule of disqualification is imposed – a prophylactic ban that sometimes is not waivable, even by a sophisticated and well-counseled client. In these situations, (some of which are catalogued in Rule 1.8) the public interest in maintaining public confidence in the legal system outweighs the interests of individual lawyers and

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clients in freely contracting with each other.

Id., §10.4, at 10-12. Thus, as we have concluded, Rule 1.8(c) creates a special class of per se rules covering situations as to which the drafters concluded that the level of potential impropriety and adverse impact on the lawyer’s ability to represent the client properly is so great that such a specific rule is warranted.6 But that alone does not mean that where a situation is presented that does not fall under the strict Rule 1.8(c) formula it should, by virtue of Scope Comment [5], escape any consideration under Rule 1.7(b)(4). This situation accordingly falls under the more general doctrine expressed in that comment: “Except where the principle of priority stated here is applicable, however, compliance with one rule does not generally excuse compliance with other rules.”

Approved: January 2006 Published: January 2006

1. [Return to text] As we make clear later, this situation most assuredly falls within the scope of Rule 1.7(b). We discuss the conflicts under Rule 1.7 in full detail later on in this opinion. 2. [Return to text] In Opinion No. 202, we also pointed out that Rule 1.8(c) is “substantially similar” to the prior Code version and also noted that the newer provision “closely parallels” the former. In that opinion we considered a situation in which a lawyer represented a client in litigation that had attracted the attention of the public; during the course of that litigation, the client approached the lawyer also to negotiate the sale of the literary rights to the client’s story, with the lawyer’s fee for that representation to be a portion of the value of those rights. We opined that while it was normally acceptable for a lawyer to accept a share of the client’s literary rights as a contingent fee in a matter involving negotiation of those rights with a publisher, the lawyer’s negotiating the value of those rights while also representing the client in litigation was barred by the Rule until that litigation was over. 3. [Return to text] As noted above, while the inquirer states that the inquirer will not reveal confidences or secrets of the client to the media without the client’s valid consent, he also states that the reporters may seek to make an agreement with the client seeking such consent. This itself raises potential issues under both Rule 1.7(b)(4) and 1.8(c) if the inquirer were to participate in such a waiver process.

First, we caution that for the lawyer to seek to represent the client in such a transaction with the media representatives would itself involve the lawyer in a further conflict of interest because the lawyer would have an interest in having a deal favorable to the lawyer go forward and so would not be in a position to advise the client as to whether the deal was in the client’s best interest. (As our Opinion 202 concludes, the final sentence in comment [4] to Rule 1.8 does not necessarily apply where representation in the marketing of literary rights occurs simultaneously with other representation of the client that might be impacted by, or have an impact on, the representation about sale of rights. See footnote 2, supra.)

Second, a transaction in which it could be argued that the lawyer effectively assisted the media representatives in obtaining media rights from the client might itself constitute at least the substantial equivalent of a transaction that violated Rule 1.8(c). It would be a violation of the lawyer’s legal duty for the lawyer to use client confidences or secrets protected by Rule 1.6 for the lawyer’s benefit rather than the client’s. Thus, the lawyer’s obtaining a waiver of the confidentiality obligation from the client could amount to the

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lawyer’s obtaining the client’s agreement to relinquish the client’s right to restrict publication of the material by the lawyer – arguably the equivalent of a lawyer’s making “an agreement [with the client] giving the lawyer literary or media rights” within the meaning of Rule 1.8(c). It appears that this was the situation in Harrison v. Mississippi Bar, 637 So. 2d 204 (Miss. 1994). There the Mississippi Supreme Court upheld the disbarment of a lawyer in part because the lawyer had violated Mississippi’s equivalent of D.C. Rule 1.8(c). The lawyer argued that the story she sold to a publisher was only the lawyer’s story, not the client’s, but the Court noted that the contract with the publisher required the lawyer to obtain the consent of the client to use of information about the client matter being handled by the lawyer, and further pointed out that despite the lawyer’s claim to the contrary the lawyer still represented the client’s estate at the time the contract was signed. It was explicitly on that basis that the Court held that the conduct in question violated the Rule. 637 So. 2d at 224. 4. [Return to text] Note that even though Rule 1.10(b) implicitly, rather than explicitly, provides that a firm is not disqualified where a lawyer has moved to it from another firm, and at the first firm the lawyer had not worked on the matter at issue or had acquired no information protected by Rule 1.6 concerning that matter, it clearly intends that result. First, comments [10] and [11] to that Rule are quite explicit as to the balance of competing interests that is expressed in that Rule. Second, subparagraph (b) states a rule for lawyers moving between firms that is materially narrower than the rule stated in subparagraph (a); it is inescapable from the order of these paragraphs that the drafters intended subparagraph (b) to extend only as far as it does rather than intending that other Rules could supplement it so that it would extend as far as subparagraph (a) does. There is nothing about Rule 1.8(c) that indicates that the drafters wanted similarly to immunize conduct that fell outside of the particular circumstances covered by that Rule. Similarly, Rule 1.7(d) allows a lawyer to continue representation of a client despite the presence of a conflict of interest arising under Rule 1.7(b) (1) and the refusal of the client asserting the conflict to waive it, where the conflict was “thrust upon” the first client and lawyer because it had not been reasonably foreseeable at the outset of the representation and arose only after the representation had commenced. See our Opinion No. 292 (1999). And the proviso to Rule 1.10 (a) creates an exception to the general rule requiring all lawyers in the firm to be disqualified where one would be. The exception does not require disqualification of an entire firm where a firm lawyer is disqualified because the lawyer was consulted by a potential client who did not become a client. See also comment [7] to Rule 1.10. This accommodation encourages full consultation between prospective clients and lawyers. See Proposed Amendments to the District of Columbia Rules of Professional Conduct (as adopted by the Board of Governors, March 8, 1994) at 36-37. 5. [Return to text] Other such provisions in Rule 1.8 include at least subparagraphs (a) (special rules limiting lawyer’s ability to enter into a business transaction with a client); (b) (lawyer may not prepare an instrument that gives the lawyer or a relative a substantial gift from the client, except where the lawyer is related to the client), (d) limits lawyer’s ability to provide financial assistance to a client in litigation or administrative proceedings),and (e) (limits on the lawyer’s ability to receive fees from someone other than the client). In each such situation, just as with subparagraph 1.8(c), in the absence of these provisions the activity in question would

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involve Rule 1.7(b)(4). But, rather than taking into account policies or considerations foreign to those applicable under Rule 1.7, these Rule 1.8 provisions dictate precisely and uniformly how to apply the conditions underlying Rule 1.7(b)(4). 6. [Return to text] In certain circumstances, unlike subparagraph (c), Rule 1.8 does go further and affirmatively provide a safe haven for particular conduct. Examples include the observation in comment [1] that the severe restrictions on lawyers contracting with their clients do not include “standard commercial transactions”, and Rule 1.8(d)(1) and (2), which explicitly allow lawyers to advance or guarantee certain types of financial assistance to clients. In at least these instances, portions of Rule 1.8 themselves reflect balances, which, under Scope Comment [5], should not be set at naught by other, more general Rules. To illustrate, we consider a hypothetical situation where a lawyer has a client that is an automobile dealership, from which the lawyer buys automobiles for personal use, getting a discount. In response to a challenge of this practice as taking undue advantage of the client, the lawyer seeks to establish that the prices the lawyer paid for the automobiles were such that the deals constituted “standard commercial transactions” within the meaning of comment [1] to Rule 1.8 and thus outside the scope of Rule 1.8(a). A conclusion that regardless of whether the deals viewed objectively were “standard” and thus proper under Rule 1.8(a), the practice still violated Rule 1.7(b)(4) would violate the doctrine established by Scope Comment [5].

9 of 9 2/13/08 10:11 AM

Maryland Lawyer's Rules of Professional Conduct

Rule 7 INFORMATION ABOUT LEGAL SERVICES

Maryland Lawyer's Rules of Professional Conduct http://www.law.cornell.edu/ethics/md/code/MD_CODE.HTM#Rule_7.1

Rule 6.4 Law Reform Activities Affecting Client Interests

A lawyer may serve as a director, officer or member of an organization involved in reform of the law or its administration notwithstanding that the reform may affect the interests of a client of the lawyer. When the lawyer knows that the interests of a client may be materially benefitted by a decision in which the lawyer participates, the lawyer shall disclose that fact but need not identify the client.

[Comment][Narrative]

Rule 6.5 Nonprofit and Court-Annexed Limited Legal Services Programs

(a) A lawyer who, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term limited legal services to a client without expectation by either the lawyer or the client that the lawyer will provide continuing representation in the matter:

(1) is subject to Rules 1.7 and 1.9(a) only if the lawyer knows that the representation of the client involves a conflict of interest; and

(2) is subject to Rule 1.10 only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the matter.

(b) Except as provided in paragraph (a)(2), Rule 1.10 is inapplicable to a representation governed by this Rule.

[Comment][Narrative]

INFORMATION ABOUT LEGAL SERVICES

Rule 7.1 Communications Concerning a Lawyer's Services

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it:

(a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;

(b) is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Maryland Lawyers' Rules of Professional Conduct or other law; or

[Comment][Narrative]

Rule 7.2 Advertising

(a) Subject to the requirements of Rules 7.1 and 7.3(b), a lawyer may advertise services through public media, such as a telephone directory, legal directory, newspaper or other periodical, outdoor, radio or television advertising, or through communications not involving in person contact.

(b) A copy or recording of an advertisement or such other communication shall be kept for at least three years after its last dissemination along with a record of when and where it was used.

(c) A lawyer shall not give anything of value to a person for recommending the lawyer's services, except that a lawyer may

(1) pay the reasonable cost of advertising or written communication permitted by this Rule;

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(2) pay the usual charges of a legal service plan or a not-for-profit lawyer referral service;

(3) pay for a law practice purchased in accordance with Rule 1.17; and

(4) refer clients to a non-lawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if

(i) the reciprocal agreement is not exclusive, and

(ii) the client is informed of the existence and nature of the agreement.

(d) Any communication made pursuant to this rule shall include the name of at least one lawyer responsible for its content.

(e) An advertisement or communication indicating that no fee will be charged in the absence of a recovery shall also disclose whether the client will be liable for any expenses.

(f) A lawyer, including a participant in an advertising group or lawyer referral service or other program involving communications concerning the lawyer's services, shall be personally responsible for compliance with the provisions of Rules 7.1, 7.2, 7.3, 7.4, 7.5 and shall be prepared to substantiate such compliance.

[Comment][Narrative]

Rule 7.3 Direct Contact with Prospective Clients

(a) A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment from a prospective client when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain, unless the person contacted:

(1) is a lawyer; or

(2) has a family, close personal, or prior professional relationship with the lawyer.

(b) A lawyer shall not solicit professional employment from a prospective client by written, recorded or electronic communication or by in-person, telephone, or real-time electronic contract even when not otherwise prohibited by paragraph (a), if:

(1) the lawyer knows or reasonably should know that the physical, emotional or mental state of the person is such that the person could not exercise reasonable judgment in employing a lawyer;

(2) the person has made known to the lawyer a desire not to receive communications from the lawyer; or

(3) the communication involves coercion, duress or harassment.

(c) Every written, recorded, or electronic communication from a lawyer soliciting professional employment from a prospective client known to be in need of legal services in a particular matter shall include the words “Advertising Material” on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person specified in paragraphs (a)(1) or (a)(2).

(d) Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses in-person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.

[Comment][Narrative]

Rule 7.4 Communication of Fields of Practice and Certification

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(a) A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law, subject to the requirements of Rule 7.1. A lawyer shall not hold himself or herself out publicly as a specialist.

(b) A lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation “Patent Attorney” or a substantially similar designation.

[Comment][Narrative]

Rule 7.5 Firm Names and Letterheads

(a) A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1. A trade name may be used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable legal services organization and is not otherwise in violation of Rule 7.1.

(b) A law firm with offices in more than one jurisdiction may use the same name in each jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located.

(c) The name of a lawyer holding a public office shall not be used in the name of the law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm.

(d) Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact.

[Comment][Narrative]

MAINTAINING THE INTEGRITY OF THE PROFESSION

Rule 8.1 Bar Admission and Disciplinary Matters

An applicant for admission or reinstatement to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not:

(a) knowingly make a false statement of material fact; or

(b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this rule does not require disclosure of information otherwise protected by Rule 1.6.

[Comment][Narrative]

Rule 8.2 Judicial and Legal Officials

(a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

(b) Canon 5C (4) of the Maryland Code of Judicial Conduct, set forth in Rule 16-813, provides that a lawyer becomes a candidate for a judicial office when the lawyer files a certificate of candidacy in accordance with Maryland election laws, but no earlier than two years prior to the general election for that office. A candidate for a judicial office:

(1) shall maintain the dignity appropriate to the office and act in a manner consistent with the impartiality, independence and integrity of the judiciary;

(2) with respect to a case, controversy, or issue that is likely to come before the court, shall not make

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CALIFORNIA RULES OF PROFESSIONAL CONDUCT

Rule 1-400 ADVERTISING AND SOLICITATION

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Printed from The State Bar of California website (www.calbar.ca.gov)

Rules of Professional Conduct

Rule 1-400. Advertising and Solicitation

(A) For purposes of this rule, "communication" means any message or offer made by or on behalf of a member concerning the availability for professional employment of a member or a law firm directed to any former, present, or prospective client, including but not limited to the following:

(1) Any use of firm name, trade name, fictitious name, or other professional designation of such member or law firm; or

2) Any stationery, letterhead, business card, sign, brochure, or other comparable written material describing such member, law firm, or lawyers; or

(3) Any advertisement (regardless of medium) of such member or law firm directed to the general public or any substantial portion thereof; or

(4) Any unsolicited correspondence from a member or law firm directed to any person or entity.

(B) For purposes of this rule, a "solicitation" means any communication:

(1) Concerning the availability for professional employment of a member or a law firm in which a significant motive is pecuniary gain; and

(2) Which is;

(a) delivered in person or by telephone, or

(b) directed by any means to a person known to the sender to be represented by counsel in a matter which is a subject of the communication.

(C) A solicitation shall not be made by or on behalf of a member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship, unless the solicitation is protected from abridgment by the Constitution of the United States or by the Constitution of the State of California. A solicitation to a former or present client in the discharge of a member's or law firm's professional duties is not prohibited.

(D) A communication or a solicitation (as defined herein) shall not:

(1) Contain any untrue statement; or

(2) Contain any matter, or present or arrange any matter in a manner or format which is false, deceptive, or which tends to confuse, deceive, or mislead the public; or

(3) Omit to state any fact necessary to make the statements made, in the light of circumstances under which they are made, not misleading to the public; or

(4) Fail to indicate clearly, expressly, or by context, that it is a communication or solicitation, as the case may be; or

(5) Be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.

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(6) State that a member is a "certified specialist" unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.

(E) The Board of Governors of the State Bar shall formulate and adopt standards as to communications which will be presumed to violate this rule 1-400. The standards shall only be used as presumptions affecting the burden of proof in disciplinary proceedings involving alleged violations of these rules. "presumption affecting the burden of proof" means that presumption defined in Evidence Code sections 605 and 606. Such standards formulated and adopted by the Board, as from time to time amended, shall be effective and binding on all members.

(F) A member shall retain for two years a true and correct copy or recording of any communication made by written or electronic media. Upon written request, the member shall make any such copy or recording available to the State Bar, and, if requested, shall provide to the State Bar evidence to support any factual or objective claim contained in the communication.

(Former rule 1-400 (D)(6) repealed by order of the Supreme Court effective November 30, 1992. New rule 1-400 (D)(6) added by order of the Supreme Court effective June 1, 1997.)

Standards:

Pursuant to rule 1-400(E) the Board of Governors of the State Bar has adopted the following standards, effective May 27, 1989, unless noted otherwise, as forms of "communication" defined in rule 1-400(A) which are presumed to be in violation of rule 1-400:

(1) A "communication" which contains guarantees, warranties, or predictions regarding the result of the representation.

(2) A "communication" which contains testimonials about or endorsements of a member unless such communication also contains an express disclaimer such as "this testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter."

(3) A "communication" which is delivered to a potential client whom the member knows or should reasonably know is in such a physical, emotional, or mental state that he or she would not be expected to exercise reasonable judgment as to the retention of counsel.

(4) A "communication" which is transmitted at the scene of an accident or at or en route to a hospital, emergency care center, or other health care facility.

(5) A "communication," except professional announcements, seeking professional employment for pecuniary gain, which is transmitted by mail or equivalent means which does not bear the word "Advertisement," "Newsletter" or words of similar import in 12 point print on the first page. If such communication, including firm brochures, newsletters, recent legal development advisories, and similar materials, is transmitted in an envelope, the envelope shall bear the word "Advertisement," "Newsletter" or words of similar import on the outside thereof.

(6) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies a relationship between any member in private practice and a government agency or instrumentality or a public or non-profit legal services organization.

(7) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies that a member has a relationship to any other lawyer or a law firm as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172 unless such relationship in fact exists.

(8) A "communication" which states or implies that a member or law firm is "of counsel" to another lawyer or a law firm unless the former has a relationship with the latter (other than as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172) which is close, personal, continuous, and regular.

(9) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation used by a member or law firm in private practice which differs materially from any other such designation used by such member or law firm at the same time in the same community.

(10) A "communication" which implies that the member or law firm is participating in a lawyer referral service which has been certified by the State Bar of California or as having satisfied the Minimum Standards for Lawyer Referral Services in http://www.calbar.ca.gov/state/calbar/calbar_generic_pr.jsp?BV_Engin…BV_UseBVCookie=yes&sCatHtmlPath=html%2fRPC_Current-Rules-1-400.html Page 2 of 3 Loading “Rules of Professional Conduct” 7/1/08 7:47 PM

certified by the State Bar of California or as having satisfied the Minimum Standards for Lawyer Referral Services in California, when that is not the case.

(11) A "communication" which states or implies that a member is a "certified specialist" unless such communication also states the complete name of the entity which granted the certification as a specialist. (Repealed by order of the Supreme Court, effective June 1, 1997. See rule 1-400(D)(6).)

(12) A "communication," except professional announcements, in the form of an advertisement primarily directed to seeking professional employment primarily for pecuniary gain transmitted to the general public or any substantial portion thereof by mail or equivalent means or by means of television, radio, newspaper, magazine or other form of commercial mass media which does not state the name of the member responsible for the communication. When the communication is made on behalf of a law firm, the communication shall state the name of at least one member responsible for it.

(13) A "communication" which contains a dramatization unless such communication contains a disclaimer which states "this is a dramatization" or words of similar import.

(14) A "communication" which states or implies "no fee without recovery" unless such communication also expressly discloses whether or not the client will be liable for costs.

(15) A "communication" which states or implies that a member is able to provide legal services in a language other than English unless the member can actually provide legal services in such language or the communication also states in the language of the communication (a) the employment title of the person who speaks such language and (b) that the person is not a member of the State Bar of California, if that is the case.

(16) An unsolicited "communication" transmitted to the general public or any substantial portion thereof primarily directed to seeking professional employment primarily for pecuniary gain which sets forth a specific fee or range of fees for a particular service where, in fact, the member charges a greater fee than advertised in such communication within a period of 90 days following dissemination of such communication, unless such communication expressly specifies a shorter period of time regarding the advertised fee. Where the communication is published in the classified or "yellow pages" section of telephone, business or legal directories or in other media not published more frequently than once a year, the member shall conform to the advertised fee for a period of one year from initial publication, unless such communication expressly specifies a shorter period of time regarding the advertised fee.

(Amended by order of Supreme Court, operative September 14, 1992. Standard (5) amended by the Board of Governors, effective May 11, 1994. Standards (12) - (16) added by the Board of Governors, effective May 11, 1994.)

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Editor's Note:

State Bar Ethics Opinions cite the applicable California Rules of Professional Conduct in effect at the time of the writing of the opinion. Please refer to the California Rules of Professional Conduct Cross Reference Chart for a table indicating the corresponding current operative rule. There, you can also link to the text of the current rule.

THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT

FORMAL OPINION NO. 1967-12

ISSUE:

May a member of the bar offer a lecture course to businesspersons or other lay persons in the fundamentals of certain areas of the law?

AUTHORITIES INTERPRETED:

Rules 1, 2, and 18 of the Rules of Professional conduct of the State Bar.1

DISCUSSION

The opinion of this Committee is sought on the following question: Is it ethical for a member of the California Bar to offer a private course in which he would lecture and instruct businesspersons or other lay persons in the fundamentals of certain areas of the law, i.e., torts, contracts, wills, real property, etc., under the following conditions furnished by the attorney requesting the opinion:

"1. The course would be conducted in format similar to Bar Review courses, except that those who take it would not be preparing for the Bar.

"2. The stated purpose of the course would be to make those who take it aware of general principles of law so as to be better equipped to conduct their personal and business lives. It would be specifically disavowed as a course preparatory to the practice of law. No diploma or degree would be offered.

"3. Questions would be asked and answered only as hypotheticals, and even hypothetical questions would not be answered where they purported to concern individuals or their particular problems.

"4. Lectures would not be given at or otherwise associated with any law office.

"5. The attorney would not accept any of those he lectured as either his law clients or as clients of his law firm, nor would he refer them to any other lawyer.

"6. Any course advertising would refer only to the course, its characteristics, its benefits, etc., and that it was given by a member of the California Bar--and the name of the attorney giving the course, the name of his law firm, his law office address and his usual law office telephone number would not be mentioned.

There is no rule of professional conduct of the State Bar directly covering the subject of lectures by an attorney to lay persons.

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Rule 2, section (a), of the Rules of Professional Conduct of the State Bar provides, in part:

"Rule 2. Section (a). A member of the State Bar shall not solicit professional employment by advertisement or otherwise.

Without limiting the generality of the foregoing a member of the State Bar shall not solicit professional employment by:

"(1) Volunteering counsel or advice except where ties of blood relationship or trust make it appropriate.

"(2) Using a newspaper, magazine, radio, television, books, circulars, pamphlets, or any medium of communication, whether or not for compensation, to advertise the name of the lawyer or his law firm or the fact that he is a member of the State Bar or the bar of any jurisdiction; nothing herein shall be deemed to prevent the publication in a customary and appropriate manner of articles, books, treatises or other writing."

Rule 18 of the Rules of Professional Conduct of the State Bar provides as follows:

"Rule 18. A member of the State Bar shall not advise inquirers or render opinions to them through or in connection with a newspaper, radio or other publicity medium of any kind in respect to their specific legal problems, whether or not such attorney shall be compensated for his services."

[Former] canon 40 of the Canons of Professional Ethics of the American Bar Association2 provides that:

"A lawyer may with propriety write articles for publications in which he gives information upon the law; but he should not accept employment from such publications to advise inquirers in respect to their individual rights."

And [former] canon 27 of the Canons of Ethics of the American Bar Association provides, in part, that:

"It is unprofessional to solicit professional employment by circulars, advertisements, through touters or by personal communications or interviews not warranted by personal relations. Indirect advertisements for professional employment such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been or is engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyer's position, and all other self-laudation, offend the traditions and lower the tone of our profession and are reprehensible; but the customary use of simple professional cards is not improper."

In discussing [former] canon 40, Henry S. Drinker, in his work on legal ethics, states:

"The application of Canon 40 to borderline cases always involves the question of good faith on the part of the lawyer and of the publisher or sponsor of the article or address." (Legal Ethics (1953) at p. 263.)

The Committee on Professional Ethics of the Association of the Bar of the City of New York has rendered the following opinions which are applicable to the subject matter of this request:

"Number 334, April 2, 1935: That there was not professional impropriety in the delivery of lectures over the radio on general business law, the sole purpose of which was to provide an educational program explaining in a broad manner comprehensive principles of the law applicable to every day experience; that the speaker should be introduced simply as a member of the bar, and his office address should not be given and neither should there be any puffing or touting in connection with the lectures.'"

"Number 529, January 17, 1940: That a lawyer may conduct a radio program on legal matters, the program including questions and answers citing merely the point of law but not replying to personal questions, provided that the only reference to him is his name and that he is a member of the New York Bar and that there was nothing in the http://calbar.ca.gov/calbar/html_unclassified/ca67-12.html Page 2 of 3 Ethics Opinions - FORMAL OPINION NO. 1967-12 7/1/08 8:16 PM

reference to him is his name and that he is a member of the New York Bar and that there was nothing in the program in the nature of self-advertising."

The Los Angeles County Bar Association Committee on Legal Ethics has also rendered an opinion which bears on the problem presented:

"Opinion Number 175, August 22, 1950: In this opinion it was held that a lawyer may with propriety write articles for publications in which he gives information upon the law; but he should not use a newspaper to advise inquirers in respect to their individual rights or to render opinions to them even anonymously and that be should not solicit professional employment by direct or indirect advertisement."

The conditions under which the lectures would be given under the facts before us seem to eliminate either self-laudation or advertising or solicitation so far as the member of the bar giving the lecture is concerned. His compensation is not stated but we assume that he would be paid a lecture fee by those who attend the course.

Under the facts mentioned it does not appear that the course under the conditions set forth would violate the Rules of Professional Conduct of the State Bar or the Canons of Ethics of the American Bar Association, provided there is no deviation from any of those conditions, directly or indirectly, in the conduct of the course. Each case must necessarily be decided upon its own facts and the good faith of the lawyer is in most, if not all, the deciding factor.

This opinion is issued by the Standing Committee on Professional Responsibility and Conduct of The State Bar of California. It is advisory only. It is not binding upon the courts, The State Bar of California, its Board of Governors, any persons or tribunals charged with regulatory responsibilities, or any member of the State Bar.

1 [PUBLISHER'S NOTE: A complete revision of the Rules of Professional Conduct was approved by the Supreme Court effective January l, 1975. (See (1975) 14 Cal.3d Rules 1 and "Cross Reference of Present Rules of Professional Conduct to Former Rules of Professional Conduct," in Part III.D.)]

2 Under rule 1 of the Rules of Professional Conduct of the State Bar, all of the Canons of the American Bar Association are commended to the members of the State Bar of California.

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Illinois Rules of Professional Conduct

Part 7 INFORMATION ABOUT LEGAL SERVICES Illinois Rules of Professional Conduct 6/22/08 8:40 PM

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LII / Legal Information Institute

American Legal Ethics Library

Illinois Rules of Professional Conduct

INTRODUCTION

Preamble

The practice of law is a public trust. Lawyers are the trustees of the system by which citizens resolve disputes among themselves, punish and deter crime, and determine their relative rights and responsibilities toward each other and their government. Lawyers therefore are responsible for the character, competence and integrity of the persons whom they assist in joining their profession; for assuring access to that system through the availability of competent legal counsel; for maintaining public confidence in the system of justice by acting competently and with loyalty to the best interests of their clients; by working to improve that system to meet the challenges of a rapidly changing society; and by defending the integrity of the judicial system against those who would corrupt, abuse or defraud it.

To achieve these ends the practice of law is regulated by the following rules. Violation of these rules is grounds for discipline. No set of prohibitions, however, can adequately articulate the positive values or goals sought to be advanced by those prohibitions. This preamble therefore seeks to articulate those values in much the same way as did the former canons set forth in the Illinois Code of Professional Responsibility. Lawyers seeking to conform their conduct to the requirements of these rules should look to the values described in this preamble for guidance in interpreting the difficult issues which may arise under the rules.

The policies which underlie the various rules may, under certain circumstances, be in some tension with each other. Wherever feasible, the rules themselves seek to resolve such conflicts with clear statements of duty. For example, a lawyer must disclose, even in breach of a client confidence, a client's intent to commit a crime involving a serious risk of bodily harm. In other cases, lawyers must carefully weigh conflicting values, and make decisions, at the peril of violating one or more of the following rules. Lawyers are trained to make just such decisions, however, and should not shrink from the task. To reach correct ethical decisions, lawyers must be sensitive to the duties imposed by these rules and, whenever practical, should discuss particularly difficult issues with their peers.

Timely, affordable counsel is essential if disputes are to be avoided and, when necessary, resolved. Basic rights have little meaning without access to the judicial system which vindicates them. Effective access to that system often requires the assistance of counsel.

It is the responsibility of those licensed as officers of the court to use their training, experience and skills to provide services in the public interest for which compensation may not be available. http://www.law.cornell.edu/ethics/il/code/IL_CODE.HTM#Rule_7.1 Page 1 of 31 Illinois Rules of Professional Conduct 6/22/08 8:40 PM

It is the responsibility of those who manage law firms to create an environment that is hospitable to the rendering of a reasonable amount of uncompensated service by lawyers practicing in that firm.

Service in the public interest may take many forms. These include but are not limited to pro bono representation of persons unable to pay for legal services and assistance in the organized bar's efforts at law reform. An individual lawyer's efforts in these areas is evidence of the lawyer's good character and fitness to practice law, and the efforts of the bar as a whole are essential to the bar's maintenance of professionalism.

The absence from the proposed new rules of ABA Model Rule 6.1 regarding pro bono and public service therefore should not be interpreted as limiting the responsibility of attorneys to render uncompensated service in the public interest. Rather, the rationale for the absence of ABA Model Rule 6.1 is that this concept is not appropriate for a disciplinary code, because an appropriate disciplinary standard regarding pro bono and public service is difficult, if not impossible, to articulate. That ABA Model Rule 6.1 itself uses the word "should" instead of "shall" in describing this duty reflects the uncertainty of the ABA on this issue.

The quality of the legal professional can be no better than that of its members. Lawyers must exercise good judgment and candor in supporting applicants for membership in the bar.

Lawyers also must assist in the policing of lawyer misconduct. The vigilance of the bar in preventing and, where required, reporting misconduct can be a formidable deterrent to such misconduct, and a key to maintaining public confidence in the integrity of the profession as a whole in the face of the egregious misconduct of a few.

Legal services are not a commodity. Rather, they are the result of the efforts, training, judgment and experience of the members of a learned profession. These rules reflect the sensitive task of striking a balance between making available useful information regarding the availability and merits of lawyers and the need to protect the public against deceptive or overreaching practices. All communications with clients and potential clients should be consistent with these values.

The lawyer-client relationship is one of trust and confidence. Such confidence only can be maintained if the lawyer acts competently and zealously pursues the client's interests within the bounds of the law. "Zealously" does not mean mindlessly or unfairly or oppressively. Rather, it is the duty of all lawyers to seek resolution of disputes at the least cost in time, expense and trauma to all parties and to the courts. Terminology

"Belief" or "believes" denotes that the person involved actually supposed the fact in question to be true. A person's belief may be inferred from circumstances.

"Confidence" denotes information protected by the lawyer-client privilege under applicable law.

"Contingent fee agreement" denotes an agreement for the provision of legal services by a lawyer under which the amount of the lawyer's compensation is contingent in whole or in part upon the successful completion of the subject matter of the agreement, regardless of whether the fee is established by formula or is a fixed amount.

"Disclose" or "disclosure" denotes communication of information reasonably sufficient to permit the client to appreciate the significance of the matter in question.

"Firm" or "law firm" denotes a lawyer or lawyers engaged in the private practice of law in a

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[Narrative]

RULE 6.4. Law Reform Activities Affecting Client Interests

A lawyer may serve as a director, officer or member of an organization involved in reform of the law or its administration notwithstanding that the actions of the organization may affect the interests of a client of the lawyer. When the lawyer knows that the interests of a client may be materially benefited by a decision in which the lawyer participates, the lawyer shall reveal that fact to the organization but need not identify the client.

[Narrative]

RULE 7.1. Communications Concerning a Lawyer's Services

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it:

(a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;

(b) is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate these Rules or other law; or

[Narrative]

RULE 7.2. Advertising

(a) Subject to the requirements of Rule 7.1, a lawyer may advertise services through public media, such as telephone directories, legal directories, newspapers or other periodicals, billboards, radio or television, or through written communication not involving solicitation as defined in Rule 7.3, provided:

(1) a copy or recording of the advertisement or written communication is kept for three years after its last dissemination along with a record of when and where it was used; and

(2) any communication made pursuant to Rules 7.1 and 7.2 includes the name of at least one lawyer responsible for its content.

(b) A lawyer shall not give anything of value to a person for recommending or having recommended the lawyer's services, except that a lawyer may pay the reasonable cost of advertising or written communication permitted by Rules 7.1 and 7.2 (including fees of personnel preparing such advertising or communication) and may pay the usual charges of a not-for-profit lawyer referral service or other legal service organization.

[Narrative]

RULE 7.3. Direct Contact With Prospective Clients

Except as provided in this Rule 7.3, or as permitted by Rule 7.2, a lawyer shall not, directly or through a representative, solicit professional employment when a significant motive for doing so is the lawyer's pecuniary gain. The term "solicit" means contact with a person other than a lawyer in person, by telephone or telegraph, by letter or other writing, or by other http://www.law.cornell.edu/ethics/il/code/IL_CODE.HTM#Rule_7.1 Page 26 of 31 Illinois Rules of Professional Conduct 6/22/08 8:40 PM

communication directed to a specific recipient.

(a) Except as provided in Rule 7.3(b), a lawyer may initiate contact with a prospective client for the purpose of solicitation in the following circumstances:

(1) if the prospective client is a relative, or a close friend of the lawyer, or a person with whom the lawyer or the lawyer's firm has had a prior professional relationship;

(2) by letters or advertising circulars, providing that such letters and circulars and the envelopes containing them are plainly labeled as advertising material; or

(3) under the auspices of a public or charitable legal services organization or a bona fide political, social, civic, charitable, religious, fraternal, employee or trade organization whose purposes include but are not limited to providing or recommending legal services.

(b) In no event may a lawyer solicit a prospective client if:

(1) the lawyer reasonably should know that the physical or mental state of the person is such that the person could not exercise reasonable judgment in employing a lawyer;

(2) the lawyer knows that the person solicited does not desire to receive a communication from the lawyer; or

(3) the solicitation involves coercion, duress, or harassment.

[Narrative]

RULE 7.4. Communication of Fields of Practice

(a) A lawyer or law firm may specify or designate any area or field of law in which the lawyer or firm concentrates or limits the practice of law. In this regard, a lawyer or firm may specify:

(1) a description of the types of legal matters in which the lawyer or firm will accept employment and a statement as to whether the lawyer or firm concentrates or limits the practice of law to one or more particular fields; and

(2) other information about the lawyer or firm, the practice engaged in, or the types of legal matters in which employment will be accepted, which a reasonable person might regard as relevant in determining whether to seek the services offered.

(b) The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law, nor does it recognize certifications of expertise in any phase of the practice of law by any agency, governmental or private, or by any group, organization or association. However:

(1) a lawyer admitted to practice before the United States Patent and Trademark Office may use the designation "Patents," "Patent Attorney," "Patent Lawyer," or "Registered Patent Attorney," or any combination of those terms;

(2) a lawyer engaged in trademark practice may use the designation "Trademarks," "Trademark Attorney" or "Trademark Lawyer," or any combination of those terms; or

(3) a lawyer engaged in admiralty practice may use the designation "Admiralty," "Proctor in Admiralty" or "Admiralty Lawyer," or any combination of those terms.

(c) Except when identifying certificates, awards or recognitions issued to him by an agency or organization, a lawyer may not use the terms "certified," "specialist," "expert," or any other,

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similar terms to describe his qualifications as a lawyer or his qualifications in any subspecialty of the law. If such terms are used to identify any certificates, awards or recognitions issued by any agency, governmental or private, or by any group, organization or association, the reference must meet the following requirements:

(1) the reference must be truthful and verifiable and may not be misleading in violation of Rule 7.1;

(2) the reference must state that the Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and that the certificate, award or recognition is not a requirement to practice law in Illinois.

[Narrative]

RULE 7.5. Firm Names and Letterheads

(a) A lawyer who assumes a judicial, legislative, or public executive or administrative post or office shall not permit the lawyer's name to remain in the name of a law firm or to be used in professional notices of the firm during any substantial period in which the lawyer is not actively and regularly practicing law as a member of the firm, and during such period other members of the firm shall not use the lawyer's name in the firm name or in professional notices of the firm.

(b) A law firm shall not be formed or continued between or among lawyers licensed in different jurisdictions unless all enumerations of the members and associates of the firm on its letterhead and in other permissible listings make clear the jurisdictional limitations on those members and associates of the firm not licensed to practice in all listed jurisdictions; however, the same firm name may be used in each jurisdiction.

(c) A trade name may be used by a lawyer in private practice if it is not misleading. A lawyer or law firm using a trade name in any advertising must include the name of at least one lawyer responsible for its contents.

(d) Lawyers may state or imply that they practice in partnership or other organization only when that is the fact.

[Narrative]

RULE 8.1. Bar Admission and Disciplinary Matters

(a) An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a lawyer disciplinary matter, shall not:

(1) make a statement of material fact known by the applicant or the lawyer to be false; or

(2) fail to disclose a fact necessary to correct a material misapprehension known by that person to have arisen in the matter, or fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this Rule does not require disclosure of information otherwise protected by these Rules or by law.

(b) A lawyer shall not further the application for admission to the bar of another person known by the lawyer to be unqualified in respect to character, education, or any other relevant attribute.

[Narrative]

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LII / Legal Information Institute

American Legal Ethics Library

Illinois Legal Ethics

VII. INFORMATION ABOUT LEGAL SERVICES 7.1 Rule 7.1 Communications Concerning a Lawyer's Services 7.1:100 Comparative Analysis of Illinois Rule

¥ Primary Illinois References: IL Rule 7.1 ¥ Background References: ABA Model Rule 7.1, Other Jurisdictions ¥ Commentary:

7.1:101 Model Rule Comparison

The IRPC 7.1 is the same as MR 7.1.

The Illinois Code lacked any overall mandate of honesty. In the Rules of Conduct of the Federal District Court for the Northern District of Illinois, this is the only provision relating to the subject: MR and IRPC 7.2, 7.3, 7.4 and 7.5 are omitted in that text.

There was no parallel provision in the Illinois Code. 7.1:102 Model Code Comparison

[The discussion of this topic has not yet been written.] 7.1:200 Lawyer Advertising--In General

¥ Primary Illinois References: IL Rule 7.1 ¥ Background References: ABA Model Rule 7.2, Other Jurisdictions ¥ Commentary:

7.1:210 Prior Law and the Commercial Speech Doctrine

There appears to be no Illinois case law on this issue. 7.1:220 False and Misleading Communications

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In In re Komar, 532 N.E.2d 801 (Ill. 1980) the attorney owned an interest in a corporation known as Midland Equities. Midland's business consisted of sending various written communications to defendants in foreclosure proceedings advising them that Midland had devised a plan to help save their homes and requesting that they contact Midland immediately. An example of Midland's communications reads as follows:

"You may feel that very little or nothing can be done to save your home. Until now, that may have been true. BUT NO MORE. Our firm, through its finance department, has recently devised an innovative plan to help individuals such as you save your home. This plan is new and unique. This plan can help you if you act NOW!"

Midland charged its customers $1000 for its services. However, Midland's services consisted of the following: obtaining a loan commitment to pay the mortgage in arrearage; obtaining a purchaser to buy the real estate with an option of repurchase; retaining counsel to determine legal status of the foreclosure action and negotiate on behalf of the client prior to the foreclosure sale; or obtaining competent counsel to file a bankruptcy petition under Chapter 13 of the United States Bankruptcy Code. The Court noted that in most instances, in exchange for the $1000 fee, the customer simply received a legal review of his case and was referred to a bankruptcy attorney. Midland never arranged to sell a clients' homes under a repurchase option, and in only a few instances did it obtain refinancing.

The Court held that the solicitations were misleading in that they failed to disclose that payment of the $1000 fee typically resulted simply in a referral to a bankruptcy attorney and that the customer would be required to pay an additional fee to that independent attorney. The Court also noted that the communications were misleading in that some of the solicitations were signed in the name of fictitious signatories purported to be Midlands' representatives. For this and for other violations the attorney was suspended from the practice of law for three years. 7.1:230 Creating Unjustifiable Expectations

In In re Komar, 532 N.E.2d 801 (Ill. 1980) some of the communications sent by Midlands to the foreclosure defendants read as follows:

"Our independent service organization has helped many, many people in the same situation. We can help you save your home. But you have to act NOW! ANY delay can cost you ANY chance of saving your home."

"We can help you save your home. Our firm usually finds solutions for people with foreclosure problems that enable them to save their homes."

The Court noted that the solicitations contained information that claimed to be based on past performance or which predicted future events and contained statements as to the quality of services. For this and for other violations the attorney was suspended from the proactive of law for three years. 7.1:240 Comparison with Other Lawyers

There appears to be no Illinois case law on this issue. 7.2 Rule 7.2 Advertising 7.2:100 Comparative Analysis of Illinois Rule

¥ Primary Illinois References: IL Rule 7.2 ¥ Background References: ABA Model Rule 7.2, Other

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Jurisdictions ¥ Commentary:

7.2:101 Model Rule Comparison

Illinois adopted MR 7.2, modified in (a)(1) to extend the period for retaining a copy or recording from a period of two years to three years, and by moving MR 7.2(d) to IRPCÊ7.2(a)(2).

The parallel provision in the Illinois Code was Illinois CodeÊ2-101. 7.2:102 Model Code Comparison

[The discussion of this topic has not yet been written.] 7.2:200 Permissible Forms of Lawyer Advertising

¥ Primary Illinois References: IL Rule 7.2 ¥ Background References: ABA Model Rule 7.2(a), Other Jurisdictions ¥ Commentary: ABA/BNA ¤ 81.201, Wolfram ¤ 14.2

7.2:300 Retaining Copy of Advertising Material

¥ Primary Illinois References: IL Rule 7.2 ¥ Background References: ABA Model Rule 7.2(b), Other Jurisdictions ¥ Commentary: ABA/BNA ¤ 81:401, Wolfram ¤ 14.2

7.2:400 Paying to Have Services Recommended

¥ Primary Illinois References: IL Rule 7.2 ¥ Background References: ABA Model Rule 7.2(c), Other Jurisdictions ¥ Commentary: ABA/BNA ¤ 81.301, Wolfram ¤ 14.2

7.2:500 Identification of a Responsible Lawyer

¥ Primary Illinois References: IL Rule 7.2 ¥ Background References: ABA Model Rule 7.2(d), Other Jurisdictions ¥ Commentary: ABA/BNA ¤¤ 81.201, 81:301, Wolfram ¤ 14.2

7.3 Rule 7.3 Direct Contact with Prospective Client 7.3:100 Comparative Analysis of Illinois Rule

Illinois References: IL Rule 7.3 ¥ Background References: ABA Model Rule 7.3, Other Jurisdictions ¥ Commentary:

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7.3:101 Model Rule Comparison

IRPC 7.3 is new language, based on Illinois CodeÊ2-103, modified in light of Shapero v. Kentucky Bar AssÕn, 486 U.S. 456 (1988); Zauderer v. Disciplinary Counsel, 471 U.S. 626 (1985); and Ohralik v. Ohio State Bar AssÕn, 436 U.S. 447 (1978).

The Illinois drafters believed the MR is insufficient in detail, and does not proscribe the kind of conduct described in Ohralik, supra. 7.3:102 Model Code Comparison

[The discussion of this topic has not yet been written.] 7.3:200 Prohibition of For-Profit In-Person Solicitation

¥ Primary Illinois References: IL Rule 7.3 ¥ Background References: ABA Model Rule 7.3(a), Other Jurisdictions ¥ Commentary: ABA/BNA ¤ 81:2001, Wolfram ¤ 14.2.5

The Illinois Supreme Court case of In re Teichner provides a good example of the types of in person solicitation which will warrant disciplinary action. 387 N.E.2d 265 (Ill. 1979). In this case, a derailment and explosion of a train in Decatur led to numerous injuries. Teichner thereafter solicited the aid and assistance of an automobile rental agency employee to introduce him to injured persons and their acquaintances and relatives. The employee of the automobile rental agency stated that Teichner "told me that if I would give him some names and addresses of people that worked on the railroad he would pay me and pay them." Id. at 273. Teichner also heard of a victim whose home was damaged by the explosion and called her to arrange to meet with her and her husband. Teichner then sought employment, on a contingent fee basis, from this person. Teichner also approached Leesa Hulvey and solicited from her employment to represent her for the claims and injuries sustained by her boyfriend and fiancŽ, Darrel Hardy. Teichner then contacted the mother of Darrel Hardy, who was injured in the explosion and requested employment to represent her in connection with the injuries to her son. Teichner also approached BrendaÊK. Hardy and requested her to employ him in connection with any cause of action she or her minor child might have as a result of the explosion in the railroad yard. The court found that there was ample support for the Hearing and Review Board's recommendation that discipline be imposed for the conduct demonstrated by Teichner. Teichner was suspended from the practice of law for two years.

The courts of Illinois will also void, as against policy, contracts made with law firms which are not for the provision of legal services, but which are for the provision of business services. MarvinÊN. BennÊ& Associates, Ltd. v. Nelsen SteelÊ& Wire, Inc., 437 N.E.2d (1st Dist. 1982). In this case, MarvinÊN. BennÊ& Associates entered into a contract with a third party corporation which stated that MarvinÊN. BennÊ& Associates would search for and provide the name of contacts for the sale of goods in Taiwan and China. Thereafter, MarvinÊN. BennÊ& Associates brought an action for tortious interference with the contract against Nelsen SteelÊ& Wire. The court, citing an Illinois State Bar Association Opinion, stated that the conduct of another business in the same office from which an attorney conducts his legal practice is a form of solicitation. The court held that such conduct "opens the door to an accusation that the attorney is soliciting business." Id. at 904. The court further held that the contract at issue when scrutinized in the light of a public policy rationale against "feeder" businesses, and in person solicitation by lawyers offends public policy. "The terms of the contract provided a situation in which a business transaction may ultimately be used as a 'feeder' for legal services

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or a contractual scheme in which business contracts may be used as a basis for soliciting legal employment." Id. at 904. The court stated that although such a conclusion may only be speculative, anything which might tend to deface the legal profession is against the public interest and is, therefore, contrary to public policy. The court further found that any contract which might have the affect of facilitating in person solicitation by a lawyer has a tendency to injure the public and is inconsistent with sound policy and good morals. Therefore, the court found that the contract was void as against public policy.

Cases construing Illinois RuleÊ7.3 include Peel v. Attorney Registration and Disciplinary Com'n of Illinois, 496 U.S. 91 (1990), Adams v. Attorney Registration and Disciplinary Com'n of Supreme Court of Illinois, 801 F.2d 968 (7th Cir. 1986). See also Teichner v. Atty. Registration and Disciplinary Com'n of Illinois, 444 U.S. 917 (1979); 90 Ill. Atty. Reg.Ê& Disc. Comm. CHÊ489. 7.3:210 Solicitation by Non-Profit Public Interest Organization

Although there appears to be no case directly on point, there does exist case law which seems to support the proposition that Illinois courts not only would, but must, allow for solicitation by non profit public interest organizations.

In the case of In re Teichner, the court stated that it would decline to prohibit in person solicitation of contingent fee contracts by attorneys operating at the behest of non profit organizations. 387 N.E.2d 265(Ill. 1979). In this case, a train explosion occurred in Mississippi and among the killed and injured were many members of the black community. Thereafter, a pastor of the local community established a comprehensive program of relief for the injured persons and their families. At about the same time, agents of the railroad began appearing in the black community and began negotiating settlement agreements with the injured. The pastor believed the settlement agreements to be inadequate and sought to obtain legal counsel for the injured and their families. Through a contact in Chicago, the pastor contacted Teichner and asked him to come to Mississippi. The complaint further went on to state that Teichner, without other invitation or request, introduced himself to the members of the community, identified himself as a lawyer, and requested permission to talk with them concerning the injuries they had sustained as a result of the railroad explosion. The court found that the contents of these communication indicated Teichner's desire to be employed by these persons and thus found prima facie evidence of a disciplinary violation.

However, the court also stated that Teichner's conduct was constitutionally protected. The court, citing several Supreme Court cases, noted that purely commercial expression could be more severely restricted than other forms of expression. The court also noted that the most important purposes of the First Amendment are the protection of the right of individuals to associate in the free flow of information necessary to facilitate the expression of beliefs and ideas.

We recognize that, at least where associational values are not implicated, in person solicitation "for pecuniary gain" may be prohibited, and that, even where such values are implicated, "carefully tailored regulation does not abridge unnecessarily the associational freedom of non profit organizations, or their members, having characteristics like those of the NAACP or the ACLU" also has not been foreclosed.Ê.Ê.Ê. thus, prohibition of in person solicitation of contingent fee contracts by attorneys operating at the behest of non profit organizations might well be among the types of restrictions which the United States Supreme Court would approve. Nonetheless, we decline to prohibit all such solicitation.

Id. at 271, 272. Thus, the court declined to impose any sanctions with regard to Teichner's conduct in Mississippi. 7.3:220 Solicitation of Firm Clients by a Departing Lawyer

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A lawyer must not seek work for pecuniary gain by initiating either an in-person interview or live telephone contact with a prospective client with whom the lawyer has no prior professional relationship or family connection. I.R.P.C. 7.3(a). This type of conduct will be considered solicitation and deemed improper. The Rule permits written communication soliciting prospective clients but all letters must contain the words "Advertising Material" on the outside of the envelope. Id. The term solicitation describes contact with prospective clients, not those clients with which the lawyer has already dealt.

A tactic known as grabbing occurs when a firm employs a lawyer and the lawyer contacts current clients of the firm for the purpose of convincing the clients to follow the lawyer to a new firm. Robert W. Hillman, Hillman on Lawyer Mobility, ¤2.2.2, 2:11 (2000). Grabbing clients presents some of the possible abuses of solicitation and is actionable if the lawyer interferes with the client's informed and educated choice of legal counsel by misstating facts or misrepresenting the old firm before the lawyer's departure from the firm. This type of communication typically is less actionable than solicitation, however, because a lawyer grabbing already retained clients presents less dangers of uninformed choice on behalf of the client. Id. at ¤2.2.3, 2:13. Notification by the lawyer to the client before departure allows the client to make an informed decision as to the client's choice for representation. Id. There is little Illinois case law regarding situations of a lawyer grabbing clients prior to departure from a firm. Therefore, when the Illinois Supreme Court decided the landmark case of Dowd & Dowd, Ltd. v. Gleason regarding a lawyer's possible breach of a fiduciary duty for grabbing firm clients, the Court turned to out-of-state authority. In Dowd, the Court stated that a lawyer's conduct is a breach of fiduciary duty when, before the lawyer departs, he "secretly attempt[s] to lure firm clients (even those that the partner has brought into the firm and personally represented) to the new association, l[ies] to the clients about their rights with respect to their choice of counsel and abandon[s] the firm on short notice." 693 N.E. 2d 358, 367 (Ill. 1998) (quoting Graubard Mollen Dannet & Horowitz v. Moskovitz, 653 N.E.2d 1179, 1183-84 (N.Y. 1995)). Departing lawyers are allowed to take "preliminary logistical steps" before leaving the firm, like securing office space and supplies, but they may not lure clients for the new firm. Id.

All pre-termination communication by departing lawyers is not prohibited however. When a lawyer leaves a law firm, she is "permitted to inform clients with whom they have a prior professional relationship about their impending withdrawal and new practice, and to remind the client of its freedom to retain counsel of its choice." Dowd & Dowd v. Gleason, 693 N.E. 2d 358, 367 (Ill. 1998)(quoting Graubard Mollen Dannet & Horowitz v. Moskovitz, 653 N.E.2d 1179, 1183-84 (N.Y. 1995)). In the interest of protecting the client, the client should be entitled to know that the lawyer handling the client's case will be relocating to allow the client the ability to choose between the lawyer's new and old firms. Michael L. Shakman, Primer on Acting Rationally When Lawyers Relocate, 2000 CBA Rec. 24. In Dowd, the Court urged that these communications to clients should occur after the partner has notified the firm of the partner's departure. 693 N.E. 2d at 367. The Court upheld a provision allowing the employee to terminate employment at the end of the fiscal year or after 90 days notice. Id. at 368. This safeguard ensures that the lawyer's grabbing will not be improper because the lawyer has severed ties with the old firm after the resignation. In Dowd, two attorneys decided to depart from the law firm of Dowd & Dowd to start their own firm. Before they resigned from the firm, the two attorneys bought office space and furniture in a separate location and obtained a line of credit for the new firm. Then, on the same day they resigned from Dowd & Dowd, the two attorneys contacted Allstate, Dowd & Dowd's main client, and convinced them to leave Dowd & Dowd and follow the two attorneys to their new firm. Id. at 362. The circuit court denied the defense motion for summary judgement on Dowd & Dowd's breach of fiduciary duty claim. However, the judge certified a question of law regarding whether a corporation has a cause of action against former officers or directors for breach of fiduciary duty when the former officers had planned their departure before leaving and planned to solicit business of former

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clients. That question of law was again certified by the appellate court. The Illinois Supreme Court did not attempt to answer the certified question of law and remanded the case to the trial court for a factual inquiry about the nature of the partners' possible solicitation prior to their departure from Dowd & Dowd. Id. at 367.

On remand, the Circuit Court of Cook County held that the departing lawyers breached their fiduciary duty to the firm of Dowd & Dowd by soliciting Allstate Insurance as a client for their new firm. Dowd & Dowd v. Gleason, No. 98-5429, slip op. 12 (March 12, 2001). The court cited several findings of fact in support of its holding of solicitation, particularly that the defendants: 1) failed to disclose certain facts that threatened the economic existence of Dowd & Dowd, such as the line of credit opened for the new firm using Dowd & Dowd's confidential information, 2) gave $186,000 of Dowd & Dowd credit to Harris Bank without authorization to secure a new $400,000 line of credit for the new firm, and 3) solicited Allstate before resigning from Dowd & Dowd. Id. If an attorney sends material to an existing client prior to the lawyer's resignation, then the material contained in the communication from the lawyer to the client will also influence whether the conduct will be deemed to be a breach of fiduciary duty. Hillman on Lawyer Mobility, at ¤2.2.4, 2:22, (citing ABA Comm. on Ethics and Professional Responsibility, Formal Op. 99-414 (1999)). In Opinion 99-414, the ABA suggested several guidelines for the content of communications sent before the lawyer resigns from the firm: 1) the notice should be limited to clients whose active matters the lawyer has direct responsibility [for] at the time of the notice; 2) the departing lawyer should not urge the client to sever its relationship with the firm, but may indicate the lawyer's willingness and ability to continue her responsibility for the matters upon which she is currently working; 3) the departing lawyer must make clear that the client has the ultimate right to decide who will complete or continue the matters; and 4) the departing lawyer must not disparage the lawyers former firm. Id. Therefore, unlike the prohibition against general solicitation of prospective clients, the lawyer may contact current clients and inform them in-person or by telephone of her intent to leave, so long as the lawyer advises the client of her right to choose a lawyer and does not criticize the old law firm. Id. at ¤2.31, 2:22-1. 7.3:300 Regulation of Written and Recorded Solicitation

¥ Primary Illinois References: IL Rule 7.3 ¥ Background References: ABA Model Rule 7.3(b), Other Jurisdictions ¥ Commentary: ABA/BNA ¤ 81:2001, Wolfram ¤ 14.2.5

In In re Komar, 532 N.E.2d 801 (Ill. 1980) an attorney owned an interest in the corporation known as Midland Equities. Midland's business consisted of sending various written communications to defendants in foreclosure proceedings advising them that Midland had devised a plan to help save their homes and requesting that they contact Midland immediately. An example of Midland's communications reads as follows:

You may feel that very little or nothing can be done to save your home. Until now, that may have been true. BUT NO MORE. Our firm, through its finance department, has recently devised an innovative plan to help individuals such as you save their home. This plan is new and unique. This plan can help you if you act NOW!

Midland charged the customers $1,000 for its services. However, Midland's services consisted of the following: obtaining a loan commitment to pay the mortgage in arrearage; obtaining a purchaser to buy the real estate with an option of repurchase; retaining counsel to determine the legal status of the foreclosure action and negotiate on behalf of the client prior to the foreclosure sale; or obtaining competent counsel to file a bankruptcy petition under Chapter 13

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of the United State Bankruptcy Code. The court noted that in most instances, in exchange for the $1,000 fee, the customer simply received a legal review of his case and was referred to a bankruptcy attorney. Midland never arranged to sell any clients homes under a repurchase option, and in only a few instances did it obtain refinancing.

The court held that the solicitations were misleading in that they failed to disclose that payment of the $1,000 fee typically resulted simply in the referral to a bankruptcy attorney and that the customer would be required to pay an additional fee to that independent attorney. The court also noted that the communications were misleading in that some of the solicitations were signed in the name of fictitious signatories purported to be Midland representatives.

The court held that the attorney was subject to discipline for creating unjustifiable expectations. Some of the communications sent by Midland to the foreclosure defendants read as follows:

"We can help you save your home. Our firm usually finds solutions for people with foreclosure problems and enable them to save their homes.

The court found that the solicitations contained information that claimed to be based on past performance or which predicted future events and contained statements as to the quality of services.

The court noted that the letter did not disclose the name of the attorney. The court found that the attorney had violated DRÊ2-102(b) and RuleÊ2-101, which prohibited an attorney from practicing under a misleading name. The court found that the name of the attorney giving legal advice to over 1,000 persons appeared nowhere in the solicitation; the attorney admitted that he failed to reveal that he had an interest in Midland. For this and other violations, the attorney was suspended from the practice of law for three years. 7.3:400 Disclaimers for Written and Recorded Solicitation

¥ Primary Illinois References: IL Rule 7.3 ¥ Background References: ABA Model Rule 7.3(c), Other Jurisdictions ¥ Commentary: ABA/BNA ¤ 81:401, Wolfram ¤ 14.2.5

7.3:500 Solicitation by Prepaid and Group Legal Services Plans

¥ Primary Illinois References: IL Rule 7.3 ¥ Background References: ABA Model Rule 7.3(d), Other Jurisdictions ¥ Commentary: ABA/BNA ¤ 81:2501, Wolfram ¤ 16.5.5

There appears to be no Illinois case law on this issue. 7.4 Rule 7.4 Communication of Fields of Practice 7.4:100 Comparative Analysis of Illinois Rule

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¥ Background References: ABA Model Rule 7.4, Other Jurisdictions ¥ Commentary:

7.4:101 Model Rule Comparison

IRPC 7.4 is partially new language. IRPC 7.4(b)(1), (2) and (3) are substantially similar to MRÊ7.4(a) and (b). IRPC 7.4(c) is more precise than the second alternative MRÊ7.4(c), on which it is based. IRPC 7.4(a)(1) is equivalent to Illinois CodeÊ2-101(a)(5); 7.4(a)(2) is equivalent to Illinois CodeÊ2-101(a)(8).

The prohibitions of Illinois CodeÊ2-105(a)(3), which were equivalent to IRPC 7.4(b) as originally promulgated, have been held unconstitutional by the U.S. Supreme Court in Peel v. ARDC, 496 U.S. 91 (1990). The language of present Illinois RulesÊ7.4(b) and (c) was adopted by the Illinois Supreme Court, effective AugustÊ1, 1990. 7.4:102 Model Code Comparison

[The discussion of this topic has not yet been written.] 7.4:200 Regulation of Claims of Certification and Specialization

¥ Primary Illinois References: IL Rule 7.4 ¥ Background References: ABA Model Rule 7.4, Other Jurisdictions ¥ Commentary: ABA/BNA ¤¤ 21:4001, 81:501, Wolfram ¤ 14.2.4

The prohibitions of 1980 RuleÊ2-105(a)(3), which were equivalent to Illinois Rule 7.4(b) as originally promulgated, have been held unconstitutional by the U.S. Supreme Court in Peel v. Attorney Registration and Disciplinary Com'n of Illinois, 496 U.S. 91 (1990). 7.5 Rule 7.5 Firm Names and Letterheads 7.5:100 Comparative Analysis of Illinois Rule

¥ Primary Illinois References: IL Rule 7.5 ¥ Background References: ABA Model Rule 7.5, Other Jurisdictions ¥ Commentary:

7.5:101 Model Rule Comparison

IRPC 7.5(a) and (b) are based upon Illinois CodeÊ2-102; IRPC 7.5(c) is new language; IRPC 7.5(d) is MR 7.5(d). 7.5:102 Model Code Comparison

[The discussion of this topic has not yet been written.] 7.5:200 Firm Names and Trade Names

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¥ Commentary: ABA/BNA ¤ 81:3001, Wolfram ¤ 14.2.4

7.5:300 Law Firms with Offices in More Than One Jurisdiction

¥ Primary Illinois References: IL Rule 7.5 ¥ Background References: ABA Model Rule 7.5(b), Other Jurisdictions ¥ Commentary: ABA/BNA ¤ 81:3005, Wolfram ¤ 15.4

7.5:400 Use of the Name of a Public Official

¥ Primary Illinois References: IL Rule 7.5 ¥ Background References: ABA Model Rule 7.5(c), Other Jurisdictions ¥ Commentary: ABA/BNA ¤ 81:3001, Wolfram ¤ 14.2.4

7.5:500 Misleading Designation as Partnership, etc.

¥ Primary Illinois References: IL Rule 7.5 ¥ Background References: ABA Model Rule 7.5(d), Other Jurisdictions ¥ Commentary: ABA/BNA ¤ 81:3001, ALI-LGL ¤ 79, Wolfram ¤ 14.2.4

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ILLINOIS STATE BAR ASSOCIATION

ISBA Advisory Opinion on Professional Conduct

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice.

THIS OPINION WAS AFFIRMED BY THE BOARD OF GOVERNORS JANUARY 1991. PLEASE SEE THE 1990 ILLINOIS RULES OF PROFESSIONAL CONDUCT, RULES 7.1 AND 7.2.

Opinion No. 763

March 1982

Topic: Indirect Advertising

Digest: There is no prohibition against a lawyer cooperating with a newspaper in the publication of an article dealing with legal subjects in a general manner and with appropriate credits as to authorship; nor is there any prohibition against news releases by lawyers of their attendance at legal seminars on particular subjects.

Ref.: Rule 2-101

ISBA Opinions 141, 201 and 266

Bates v. State Bar of Arizona, 433 U.S. 350.

FACTS

As a result of arrangements between a newspaper editor and a local attorney in a small downstate community, the attorney prepared an article for publication in the newspaper entitled "Tax Program is Analyzed" in which the lawyer analyzed the Economic Recovery

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Tax Act of 1981. With the cooperation of the attorney involved, an "Editor's Note" was prepared and inserted as a preface to the article as published. The Editor's Note was as follows:

"This analysis of the tax act of 1981 on area residents was prepared by (giving the name of the attorney and his firm). His area of concentration is in tax and business."

Shortly thereafter the law firm prepared and submitted to the same local newspaper for publication a news release which was published under the column entitled "What's Happening in Business" which identified three members of the law firm who had attended various Illinois Institute of Continuing Legal Education (IICLE) seminars and specifying the seminars which each attorney attended.

QUESTIONS

The inquiring lawyer asks two questions:

1. Does the preparation of the article analyzing various aspects of the recently enacted tax legislation and the cooperation with the newspaper in securing publication constitute a violation of the Code of Professional Responsibility?

2. Does the submission by the law firm of an account of participation in ILCLE seminars by members of the firm to a local newspaper for publication constitute a violation of the Code of Professional Responsibility?

OPINION

Rule 2-101 of the Code of Professional Responsibility deals with publicity and advertising by lawyers and reflects the impact of the United States Supreme Court decision, on constitutional grounds, in Bates v. state Bar, (1977), 433 U.S. 350, 53 L.Ed.2d 810, 97 S.Ct. 2691. In the Committee Commentary to Canon 2 of the Code adopted by the Supreme Court of Illinois effective July 1, 1980, it is stated:

"Acceptance of these principles leads to the conclusion that opportunities for lawyer advertising should be substantial. Because the lawyer's first

amendment rights, the consumer's right to know, and the individual's access to legal services are all involved, restrictions on lawyer advertising should be imposed only to the extent they can be specifically justified to protect the public.

Accordingly, the present Code does not attempt to list exhaustively the type of information which may be included in advertisements. Nor does it contain detailed and specific prohibitions. Rather, it places primary emphasis, in Rule 2-101(b) on the requirement that any advertisement, regardless of format or content, be true, complete and not misleading."

Rule 2-101 is directed, primarily, to direct advertising by lawyers, and permits direct advertising to go far beyond the type of indirect advertising involved in Question No. 1.

However, even before the Supreme Court decision on lawyer advertising, and going back to http://google.isba.org/search?q=cache:IxVafpc5RTAJ:www.isba.org/Ethic…8&client=ethicsopinions&proxystylesheet=ethicsopinions&oe=ISO-8859-1 Page 2 of 3 ISBA Advisory Opinions 6/22/08 8:18 PM

old Canon 40 which was adopted in 1928, publication of articles by lawyers was permitted. Canon 40 provided:

In ISBA Opinion No. 141, dated June 11, 1957, this Committee approved the publication of articles on legal subjects by lawyers with the cautionary statements that both the attorney and the publisher should exercise caution that the matter is free from advertising features, that the lawyer should not answer inquiries that come to him through his newspaper column, and that neither the lawyer's experience nor special conclusion should be set forth in the articles or in any of the newspaper publisher's comment on the same. Now, of course, since the Bates decision the cautionary statements as to the indirect advertising aspects are inapposite.

Considering this history and the considerable extent and leeway to which direct advertising is now permitted under Rule 2-101, the Committee is of the opinion that the indirect form of advertising involved in the lawyer cooperating in the publication of the newspaper article here involved, is not objectionable. Thus, the answer to the first question is that there is no violation of the Code of Professional Responsibility by the lawyer involved.

Question No. 2 also involves an indirect form of advertising.

ISBA Opinion No. 266, dated June 29, 1965, dealt with the release by the Illinois Institute of Continuing Legal Education of news stories concerning programs sponsored by it in which the names of local attorneys, judges and law professors who attended and participated in the programs would appear. In that opinion, we referred to then existing Canon 27, ISBA Opinion No. 201 and ABA Formal Opinion 179 and concluded that this type of indirect advertising was not prohibited.

The only distinction from the facts in that opinion and the present question is that instead of the information being released by IICLE it is released directly to the newspapers by the lawyers involved. We do not think that this constitutes a sufficient distinction to alter our previous conclusion. The concerns expressed in Opinion No. 266 by the Committee as to solicitation and advertising by a particular lawyer have been alleviated by the relaxed prohibitions against direct advertising as we have discussed above.

The answer, therefore, to Question No. 2 is that the Committee does not feel that the release by individual lawyers of information to the newspaper concerning their attendance at continuing legal education seminars is prohibited by the Code of Professional Responsibility. (Although it recognizes that release of such information may be looked upon by many as being in bad taste.)

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MASSACHUSETTS RULES OF PROFESSIONAL CONDUCT

Rule 7 INFORMATION ABOUT LEGAL SERVICES

S.J.C. RULE 3:07 MASSACHUSETTS RULES OF PROFESSIONAL CONDUCT AS AMENDED EFFECTIVE 1/1/08

Preamble and Scope...... 2 Rule 4.3 Dealing with Unrepresented Person ...... 60 Preamble: A Lawyer's Responsibilities ...... 2 Rule 4.4 Respect for Rights of Third Persons ...... 61 Scope ...... 3 Client-Lawyer Relationship ...... 5 Law Firms and Associations...... 61 Rule 1.1 Competence...... 5 Rule 5.1 Responsibilities of a Partner or Rule 1.2 Scope of Representation ...... 5 Supervisory Lawyer...... 61 Rule 1.3 Diligence ...... 7 Rule 5.2 Responsibilities of a Subordinate Rule 1.4 Communication...... 7 Lawyer...... 62 Rule 1.5 Fees ...... 8 Rule 5.3 Responsibilities Regarding Nonlawyer Rule 1.6 Confidentiality of Information ...... 12 Assistants ...... 62 Rule 1.7 Conflict of Interest: General Rule ...... 16 Rule 5.4 Professional Independence of a Rule 1.8 Conflict of Interest: Prohibited Lawyer...... 63 Transactions ...... 19 Rule 5.5 Unauthorized Practice of Law; Rule 1.9 Conflict of Interest: Former Client...... 22 Multijurisdictional Practice Of Law ...... 64 Rule 1.10 Imputed Disqualification: General Rule . 24 Rule 5.6 Restrictions on Right to Practice...... 67 Rule 1.11 Successive Government and Private Rule 5.7 Responsibilities Regarding Employment...... 27 Law-Related Services ...... 68 Rule 1.12 Former Judge or Arbitrator ...... 28 Public Service ...... 69 Rule 1.13 Organization as Client ...... 29 Rule 6.1 Voluntary Pro Bono Publico Service ...... 69 Rule 1.14 Client Under a Disability ...... 32 Rule 6.2 Accepting Appointments ...... 71 Rule 1.15 Safekeeping Property ...... 33 Rule 6.3 Membership in Legal Services Rule 1.16 Declining or Terminating Organization...... 71 Representation ...... 41 Rule 6.4 Law Reform Activities Affecting Client Rule 1.17 Sale of Law Practice ...... 43 Interests...... 72 Counselor ...... 45 RULE 6.5 Nonprofit and Court-Annexed Limited Rule 2.1 Advisor ...... 45 Legal Services Programs ...... 72 Rule 2.2 Intermediary [Reserved] ...... 46 Information about Legal Services...... 73 Rule 2.3 Evaluation for Use by Third Persons ..... 46 Rule 7.1 Communications Concerning a RULE 2.4: Lawyer Serving as Third-Party Lawyer's Services ...... 73 Neutral ...... 47 Rule 7.2 Advertising...... 73 Advocate ...... 48 Rule 7.3 Solicitation of Professional Rule 3.1 Meritorious Claims and Contentions...... 48 Employment ...... 75 Rule 3.2 Expediting Litigation...... 48 Rule 7.4 Communication of Fields of Practice .....77 Rule 3.3 Candor Toward the Tribunal...... 49 Rule 7.5 Firm Names and Letterheads...... 78 Rule 3.4 Fairness to Opposing Party and Maintaining the Integrity of the Profession ...... 79 Counsel...... 52 Rule 8.1 Bar Admission and Disciplinary Rule 3.5 Impartiality and Decorum of the Matters ...... 79 Tribunal ...... 53 Rule 8.2 Judicial and Legal Officials...... 79 Rule 3.6 Trial Publicity...... 54 Rule 8.3 Reporting Professional Misconduct ...... 79 Rule 3.7 Lawyer as Witness...... 56 Rule 8.4 Misconduct ...... 80 Rule 3.8 Special Responsibilities of a Rule 8.5 Disciplinary Authority...... 81 Prosecutor...... 57 Rule 3.9 Advocate in Nonadjudicative Definitions; Title ...... 82 Proceedings...... 58 Rule 9.1 Definitions...... 82 Rule 9.2 Title...... 83 Transactions with Persons other than Clients . 59 Rule 4.1 Truthfulness in Statements to Others .... 59 History ...... 84 Rule 4.2 Communication with Person Represented by Counsel ...... 59

Rule 6.4

persons to address their legal problems without 1.10 only if the lawyer knows that another lawyer further representation by a lawyer. In these in the lawyer's firm is disqualified by Rules 1.7 or programs, such as legal-advice hotlines, advice- 1.9(a) in the matter. only clinics or pro se counseling programs, a client-lawyer relationship is established, but there [4] Because the limited nature of the services is no expectation that the lawyer's representation significantly reduces the risk of conflicts of of the client will continue beyond the limited interest with other matters being handled by the consultation. Such programs are normally lawyer's firm, paragraph (b) provides that Rule operated under circumstances in which it is not 1.10 is inapplicable to a representation governed feasible for a lawyer to systematically screen for by this Rule except as provided by paragraph conflicts of interest as is generally required before (a)(2). Paragraph (a)(2) requires the participating undertaking a representation. See, e.g., Rules lawyer to comply with Rule 1.10 when the lawyer 1.7, 1.9 and 1.10. knows that the lawyer's firm is disqualified by Rules 1.7 or 1.9(a). By virtue of paragraph (b), [2] A lawyer who provides short-term limited however, a lawyer's participation in a short-term legal services pursuant to this Rule must secure limited legal services program will not preclude the client's informed consent to the limited scope the lawyer's firm from undertaking or continuing of the representation. See Rule 1.2(c). If a short- the representation of a client with interests term limited representation would not be adverse to a client being represented under the reasonable under the circumstances, the lawyer program's auspices. Nor will the personal may offer advice to the client but must also disqualification of a lawyer participating in the advise the client of the need for further program be imputed to other lawyers participating assistance of counsel. Except as provided in this in the program. Rule, the Rules of Professional Conduct, including Rules 1.6 and 1.9(c), are applicable to [5] If, after commencing a short-term limited the limited representation. representation in accordance with this Rule, a lawyer undertakes to represent the client in the [3] Because a lawyer who is representing a matter on an ongoing basis, Rules 1.7, 1.9(a) and client in the circumstances addressed by this 1.10 become applicable. Rule ordinarily is not able to check systematically for conflicts of interest, paragraph (a) requires Corresponding ABA Model Rule. Identical compliance with Rules 1.7 or 1.9(a) only if the to Model Rule 6.5. lawyer knows that the representation presents a Corresponding Former Massachusetts conflict of interest for the lawyer, and with Rule Rule. No counterpart.

INFORMATION ABOUT LEGAL SERVICES

RULE 7.1 COMMUNICATIONS CONCERNING A LAWYER'S SERVICES A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

Comment [1] This Rule governs all communications violate Rule 7.1 if they constitute “false or about a lawyer's services, including advertising misleading” communications under the Rule. permitted by Rule 7.2. Whatever means are used to make known a lawyer's services, statements about Corresponding ABA Model Rule. Identical to them should be truthful. Statements that compare a Model Rule 7.1. lawyers services with another lawyer’s services and Corresponding Former Massachusetts Rule. statements that create unjustified expectations DR 2-101(A). about the results the lawyer can achieve would RULE 7.2 ADVERTISING (a) Subject to the requirements of Rule 7.1, a lawyer may advertise services through public media, such as a telephone directory, legal directory including an electronic or computer-accessed directory, newspaper or other periodical, outdoor advertising, radio or television, or through written, electronic, computer-accessed or similar types of communication not involving solicitation prohibited in Rule 7.3.

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Rule 7.2

(b) A copy or recording of an advertisement or written communication shall be kept for two years after its last dissemination along with a record of when and where it was used. (c) A lawyer shall not give anything of value to a person for recommending the lawyer's services, except that a lawyer may: (1) pay the reasonable costs of advertisements or communications permitted by this Rule; (2) pay the usual charges of a not-for-profit lawyer referral service or legal service organization; (3) pay for a law practice in accordance with Rule 1.17; and (4) pay referral fees permitted by Rule 1.5(e); (5) share a statutory fee award or court-approved settlement in lieu thereof with a qualified legal assistance organization in accordance with Rule 5.4(a)(4). (d) Any communication made pursuant to this rule shall include the name of the lawyer, group of lawyers, or firm responsible for its content.

Comment [1] To assist the public in obtaining legal of comments to a newsgroup, bulletin board or chat services, lawyers should be allowed to make known group may constitute targeted or direct contact with their services not only through reputation but also prospective clients known to be in need of legal through organized information campaigns in the services and may therefore be subject to Rule 7.3. form of advertising. Depending upon the topic or purpose of the newsgroup, bulletin board, or chat group, the [2] [Reserved] posting might also constitute an association of lawyer or law firms name with a particular service, [3] Questions of effectiveness and taste in field, or area of law amounting to a claim of advertising are matters of speculation and specialization under Rule 7.4 and would therefore subjective judgment. Television and other electronic be subject to the restrictions of that rule. In addition, media, including computer-accessed if the lawyer or law firm used an interactive forum communications, are now among the most powerful such as a chat group to solicit for a fee professional media for getting information to the public. employment that the prospective client has not Prohibiting such advertising, therefore, would requested, this conduct may constitute prohibited impede the flow of information about legal services personal solicitation under Rule 7.3(d) to many sectors of the public. Limiting the information that may be advertised has a similar [4] Neither this Rule nor Rule 7.3 prohibits effect and assumes that the bar can accurately communications authorized by law, such as notice forecast the kind of information that the public would to members of a class in class action litigation. regard as relevant. Record of Advertising [3A] The advertising and solicitation rules can [5] Paragraph (b) requires that a record of the generally be applied to computer-accessed or other content and use of advertising be kept in order to similar types of communications by analogizing the facilitate enforcement of this Rule. It does not communication to its hard-copy form. Thus, require that advertising be subject to review prior to because it is not a communication directed to a dissemination. Such a requirement would be specific recipient, a web site or home page would burdensome and expensive relative to its possible generally be considered advertising subject to this benefits, and may be of doubtful constitutionality. rule, rather than solicitation subject to Rule 7.3. For example, when a targeted e-mail solicitation of a Paying Others to Recommend a Lawyer person known to be in need of legal services [6] A lawyer is allowed to pay for advertising contains a hot-link to a home page, the e-mail permitted by this Rule and for the purchase of a law message is subject to Rule 7.3, but the home page practice in accordance with the provisions of Rule itself need not be because the recipient must make 1.17, but otherwise is not permitted to pay another an affirmative decision to go to the sender’s home person for channeling professional work. However, a page. Depending upon the circumstances, posting legal aid agency or prepaid legal services plan may

PAGE 74 Rule 7.2

pay to advertise legal services provided under its Corresponding ABA Model Rule. auspices. Likewise, a lawyer may participate in Substantially similar to Model Rule 7.2, except minor not-for-profit lawyer referral programs and pay the differences in (a) and (b), subclauses (4) and (5) usual fees charged by such programs. Paragraph were added to paragraph (c), and paragraph (d) (c) does not prohibit paying regular compensation to was modified. an assistant, such as a secretary, to prepare Corresponding Former Massachusetts Rule. communications permitted by this Rule. Paragraph DR 2-101(B); see DR 2-103. (c) also excepts from its prohibition the referral fees permitted by Rule 1.5(e).

RULE 7.3 SOLICITATION OF PROFESSIONAL EMPLOYMENT (a) In soliciting professional employment, a lawyer shall not coerce or harass a prospective client and shall not make a false or misleading communication. (b) A lawyer shall not solicit professional employment if: (1) the lawyer knows or reasonably should know that the physical, mental, or emotional state of the prospective client is such that there is a substantial potential that the person cannot exercise reasonable judgment in employing a lawyer, provided, however, that this prohibition shall not apply to solicitation not for a fee; or (2) the prospective client has made known to the lawyer a desire not to be solicited. (c) Except as provided in paragraph (e), a lawyer shall not solicit professional employment for a fee from a prospective client known to be in need of legal services in a particular matter by written communication, including audio or video cassette or other electronic communication, unless the lawyer retains a copy of such communication for two years. (d) Except as provided in paragraph (e), a lawyer shall not solicit professional employment for a fee from a prospective client in person or by personal communication by telephone, electronic device, or otherwise. (e) The following communications shall be exempt from the provisions of paragraphs (c) and (d) above: (1) communications to members of the bar of any state or jurisdiction; (2) communications to individuals who are (A) the grandparents of the lawyer or the lawyer’s spouse, (B) descendants of the grandparents of the lawyer or the lawyer’s spouse, or (C) the spouse of any of the foregoing persons; (3) communications to prospective clients with whom the lawyer had a prior attorney-client relationship; and (4) communications with (i) organizations, including non-profit and government entities, in connection with the activities of such organizations, and (ii) with persons engaged in trade or commerce as defined in G.L. c. 93A, §1(b), in connection with such persons’ trade or commerce.

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Rule 7.3

(f) A lawyer shall not give anything of value to any person or organization to solicit professional employment for the lawyer from a prospective client. However, this rule does not prohibit a lawyer or a partner or associate or any other lawyer affiliated with the lawyer or the lawyer's firm from requesting referrals from a lawyer referral service operated, sponsored, or approved by a bar association or from cooperating with any other qualified legal assistance organization. Such requests for referrals or cooperation may include a sharing of fee awards as provided in Rule 5.4(a)(4).

Comment [1] This rule applies to solicitation, the prohibitions of paragraphs (a) and (e) and obtaining of business through letter, e-mail, subparagraph (b)(2). telephone, in-person or other communications directed to particular prospective clients. It does not [3] Paragraph (c) imposes minimum apply to non-targeted advertising, the obtaining of regulations on solicitation by written and other business through communications circulated more communication that is not interactive. Paragraph generally and more indirectly than that, such as (c) applies only in situations where the person is through web sites, newspapers or placards in mass known to be in need of services in a particular transit vehicles. This rule allows lawyers to conduct matter. For purposes of paragraph (c) a prospective some form of solicitation of employment from all client is “known to be in need of legal services in a prospective clients, except in a small number of very particular matter” in circumstances including, but not special circumstances, and hence permits limited to, all instance in which the communication prospective clients to receive information about legal by the lawyer concerns an event specific to the services that may be useful to them. At the same person solicited that is pending or has already time it recognizes the possibility of undue influence, occurred, such as a personal injury, a criminal intimidation, and overreaching presented by charge, or a real estate purchase or foreclosure. personal solicitation in the circumstances prohibited by this rule and seeks to limit them by regulating the [4] While paragraph (c) permits written and form and manner of solicitation by rules that reach other nondirect solicitation of any prospective client, no further than the danger that is perceived. except under the special circumstances set forth in paragraphs (a) and (b), paragraph (d) prohibits [2] Paragraphs (a) and (b) apply whenever a solicitation in person or by personal communication, lawyer is engaging in solicitation that is not except in the situations descried in paragraph (e). prohibited under another paragraph of this Rule. In See also Comment 3A to Rule 7.2, discussing determining whether a contact is permissible under prohibited personal solicitation through chat groups Rule 7.3(b)(1), it is relevant to consider the times or other interactive computer-accessed or similar and circumstances under which the contact is types of communications. The prohibitions of initiated. For example, a person undergoing active paragraph (d) do not of course apply to in-person medical treatment for traumatic injury is unlikely to solicitation after contact has been initiated by the be in an emotional state in which reasonable prospective client. judgment about employing a lawyer can be exercised. The reference to the "physical, mental, [4A] Paragraph (e) acknowledges that there are or emotional state of the prospective client" is certain situations and relationships in which intended to be all-inclusive of the condition of such concerns about overreaching and undue influence person and includes a prospective client who for any do not have sufficient force to justify banning all in- reason lack sufficient sophistication to be able to person solicitation. The risk of overreaching and select a lawyer. A proviso in subparagraph (b)(1) undue influence is diminished where the prospective makes clear that it is not intended to reduce the client is a former client or a member of the lawyer’s ability possessed by nonprofit organizations to immediate family. The word “descendant” is contact the elderly and the mentally disturbed or intended to include adopted and step-members of disabled. Abuse of the right to solicit such persons the family. Similarly, other lawyers and those who by non-profit organizations would probably manage commercial, nonprofit, and governmental constitute a violation of paragraph (a) of the rule or entities generally have the experience and judgment Rule 8.4(c), (d), or (h). The references in paragraph to make reasonable decisions with respect to the (b)(1), (c), and (d) of the rule to solicitation "for a importunings of trained advocates soliciting legal fee" are intended to carry forward the exemption in business Subparagraph (e)(4) permits in-person DR 2-103 for non-profit organizations. Where such solicitation of organizations, whether the an organization is involved, the fact that there may organization is a non-profit or governmental be a statutory entitlement to a fee is not intended by organization, in connection with the activities of such itself to bring the solicitation within the scope of the organization, and of individuals engaged in trade or rule. There is no blanket exemption from regulation commerce, in connection with the trade or for all solicitation that is not done "for a fee." Non- commerce of such individuals. profit organizations are subject to the general

PAGE 76 Rule 7.3

[5] Paragraph (e) prohibits lawyers paying a Corresponding ABA Model Rule. Different person or organization to solicit on their behalf. The from Model Rule 7.3. provision should be read together with Rule 8.4(a), Corresponding Former Massachusetts Rule. which prohibits a lawyer from violating these rules DR 2-103. through the acts of another. The rule contains an exception for requests for referrals from described organizations. RULE 7.4 COMMUNICATION OF FIELDS OF PRACTICE (a) Lawyers may hold themselves out publicly as specialists in particular services, fields, and areas of law if the holding out does not include a false or misleading communication. Such holding out includes (1) a statement that the lawyer concentrates in, specializes in, is certified in, has expertise in, or limits practice to a particular service, field, or area of law, (2) directory listings, including electronic, computer-accessed or other similar types of directory listings, by particular service, field, or area of law, and (3) any other association of the lawyer's name with a particular service, field, or area of law. (b) Lawyers who hold themselves out as "certified" in a particular service, field, or area of law must name the certifying organization and must state that the certifying organization is "a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts," if that is the case, or, if the certifying organization is a governmental body, must name the governmental body. (c) Except as provided in this paragraph, lawyers who associate their names with a particular service, field, or area of law imply an expertise and shall be held to the standard of performance of specialists in that particular service, field, or area. Lawyers may limit responsibility with respect to a particular service, field, or area of law to the standard of an ordinary lawyer by holding themselves out in a fashion that does not imply expertise, such as by advertising that they "handle" or "welcome" cases, "but are not specialists in" a specific service, field, or area of law.

Comment [1] This Rule is substantially similar to DR 2- have fallen within federal jurisdiction, they will 105 which replaced a rule prohibiting lawyers, continue to do so. except for patent, trademark, and admiralty lawyers, from holding themselves out as recognized or [2] The Rule deals with the problem that the certified specialists. The Rule removes prohibitions public might perceive that the Commonwealth is against holding oneself out as a specialist or expert involved in certification of lawyers as specialists. It in a particular field or area of law so long as such therefore requires lawyers holding themselves out holding out does not include any false or misleading as certified to identify the certifying organization with communication but provides a broad definition of specifically prescribed language when it is a private what is included in the term “holding out.” See also organization and to name the certifying Comment 3A to Rule 7.2, discussing computer- governmental organization when that is the case. accessed or other similar types of newsgroups, Nothing in the Rule prevents lawyers from adding bulletin boards, and chat groups. The phrase “false truthful language to the prescribed language. or misleading communication,” defined in Rule 7.1, replaces the phrase “deceptive statement or claim” [3] The Rule also specifies that lawyers who in DR2-105 to conform to the terminology of Rules imply expertise in a particular field or area of law 7.1 and 7.3. The Rule merely expands to all claims should be held to the standard of practice of a of expertise the language of the former rule, which recognized expert in the field or area. It gives permitted nondeceptive statements about limiting specific examples of commonly used forms of practice to, or concentrating in, specified fields or advertising that fall within that description. The Rule areas of law. There is no longer any need to deal also recognizes that there may be good reasons for specifically with patent, trademark, or admiralty lawyers to wish to associate their names with a specialization. To the extent that such practices particular field or area of law without wishing to imply expertise or to accept the responsibility of a

-77-

Rule 7.4

higher standard of conduct. Such a situation might Corresponding ABA Model Rule. Different describe, for example, a lawyer who wishes to from Model Rule 7.4. develop expertise in a particular or field area without Corresponding Former Massachusetts Rule. yet having it. The Rule identifies specific language DR 2-105. that might be used to avoid any implication of expertise that would trigger the imposition of a higher standard of conduct. RULE 7.5 FIRM NAMES AND LETTERHEADS (a) A lawyer shall not use a firm name, letterhead, or other professional designation that violates Rule 7.1. A trade name may be used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable legal services organization and is not otherwise in violation of Rule 7.1. (b) A law firm with offices in more than one jurisdiction may use the same name in each jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located. (c) The name of a lawyer holding a public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm. (d) Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact.

Comment [1] A firm may be designated by the names of sharing office facilities, may not denominate all or some of its members, by the names of themselves as, for example, "Smith and Jones," or deceased or retired members where there has been “Smith and Jones, A Professional Association,” for a continuing succession in the firm's identity or by a those titles, in the absence of an effective disclaimer trade name such as the "ABC Legal Clinic." Use of of joint responsibility, suggest partnership in the such names in law practice is acceptable so long as practice of law. Likewise, the use of the term it is not misleading. Although the United States “associates” by a group of lawyers implies practice Supreme Court has held that legislation may prohibit in either a partnership or sole proprietorship form the use of trade names in professional practice, use and may not be used by a group in which the of such names in law practice is acceptable so long individual members disclaim the joint or vicarious as it is not misleading. If a private firm uses a trade responsibility inherent in such forms of business in name that includes a geographical name such as the absence of an effective disclaimer of such "Springfield Legal Clinic," an express disclaimer that responsibility. it is a public legal aid agency may be required to avoid a misleading implication. It may be observed [3] S.J.C. Rule 3:06 imposes further that any firm name including the name of a restrictions on trade names for firms that are deceased or retired partner is, strictly speaking, a professional corporations, limited liability companies trade name. The use of such names to designate or limited liability partnerships. law firms has proven a useful means of identification. However, it is misleading to use the Corresponding ABA Model Rule. Identical to name of a lawyer not associated with the firm or a Model Rule 7.5. predecessor of the firm. Corresponding Former Massachusetts Rule. DR 2-102. [2] With regard to paragraph (d), lawyers who are not in fact partners, such as those who are only

PAGE 78 Massachusetts Bar Association : Opinion No. 77-3 6/17/08 5:02 PM

Ethics Opinions

Opinion No. 77-3 Summary: A lawyer may write a newspaper column in which legal topics are discussed and use the title "attorney" in the byline if: (1) he does not undertake to give individual advice, (2) the column does not contain self-laudatory statements or otherwise advertise him as a lawyer, and (3) the disclosure of his profession is pertinent for a purpose other than the attraction of potential clients.

Facts: A lawyer intends to write a weekly or bi-weekly column for a daily newspaper. The column would "contain brief discussions of legal topics, with the purpose of informing the general public of various legal options available to them in sundry situations." The column itself would make no mention of the lawyer as an attorney, nor contain personal data, but the lawyer wishes to identify himself as an attorney in the "byline."

Discussion: "A lawyer shall not publicize himself ... through newspaper advertisements." DR 2-101(B). Nor shall a lawyer prepare "any form of public communication that contains self-laudatory statements calculated to attract lay clients." DR 2-101(A). A lawyer is, however, permitted to write a newspaper column on general legal topics. "[A] lawyer may speak publicly or write for publication on legal topics so long as he does not emphasize his own professional experience or reputation and does not undertake to give individual advice." DR 2-104(A)(4).

In addition, DR 2-101(B) allows "limited and dignified identification of a lawyer as a lawyer as well as by name ... (2) in public notices when the name and profession of a lawyer ... are reasonably pertinent for a purpose other than the attraction of potential clients." For example, a lawyer, available as a public lecturer, can be identified as a lawyer in promotional material if the lectures are on legal or quasi-legal topics. "[H]is profession as a lawyer would be 'reasonably pertinent' for the purpose of securing and publicizing speaking engagements on such subjects." MBA Opinion 74-7.

In this instance, the newspaper column would not contain any personal data about the lawyer. It would not undertake to give personal advice. The lawyer may, therefore, write the column so long as he does not use self-laudatory statements or otherwise advertise himself as a lawyer. As the column would address legal topics of general interest, the fact that the author is a lawyer is "reasonably pertinent for a purpose other than the attraction of potential clients" and the lawyer may use the title "attorney" in the "byline."

Permission to publish granted by the Board of Delegates, 1977. As stated in the Rules of the Committee on Professional Ethics, this advice is that of a committee without official governmental status. ©2008 Massachusetts Bar Association

http://www.massbar.org/for-attorneys/publications/ethics-opinions/1973-1979/1977/opinion-no-77-3 Page 1 of 1 Massachusetts Bar Association : Opinion No. 78-3 6/17/08 5:24 PM

Ethics Opinions

Opinion No. 78-3 Summary: A lawyer may distribute to clients with whom he has a continuing relationship copies of a commercially prepared newsletter on legal matters and identify himself as the distributor.

Facts: A tax and financial publishing company plans to publish a newsletter to be sold in quantity to attorneys, who in turn would mail the letter to existing clients interested in tax and financial information. The attorney's name, address, and telephone and telex numbers would appear on the newsletter. The committee is asking whether it would be unethical for Massachusetts lawyers to distribute this newsletter to their clients or to non-clients, and whether the publisher faces any sanctions itself.

Discussion: Many newsletters dealing with legal topics are prepared and distributed to non-lawyers. It is also considered good preventive law for lawyers to notify clients of changes in the law that may affect their situations. (See our Opinion 75-1.) The proposed newsletter would, in effect, combine these approaches, thereby simplifying the distribution of information to clients. Ethical Consideration 2-3 of the Code of Professional Responsibility indicates that giving advice that one should take legal action can help fulfill a lawyer's duty to assist laymen in recognizing legal problems. We believe that a lawyer may properly distribute such a newsletter to his clients with whom he has a continuing relationship. He should, of course, not accept the statements of the newsletter's authors blindly, but should consider their validity before distributing the newsletter, and should advise the recipients of any disagreement that he may have with statements in the newsletter. Under present Supreme Judicial Court Rule 3:22, the distribution of a newsletter to non-clients would be prohibited as self-promotion under DR 2-101. See ABA Informal Opinion 1365, holding that the widespread dissemination of a brochure on Virgin Islands divorce to individuals who were not clients was unethical. DR 2-104, which prohibits accepting employment from one who receives unsolicited advice, would also apply. These prohibitions against lawyer advertising are now under reconsideration by the Supreme Judicial Court. The Supreme Judicial Court may amend General Rule 3:22 on advertising in response to the opinions in Bates v. State Bar of Arizona, Jacoby v. Meyers, and other relevant cases. The question of possible sanctions against the publisher is a question of substantive law. This committee's rules prohibit it from giving an opinion on such a matter of law.

Permission to publish granted by the Board of Delegates, 1978. As stated in the Rules of the Committee on Professional Ethics, this advice is that of a committee without official governmental status. ©2008 Massachusetts Bar Association

http://www.massbar.org/for-attorneys/publications/ethics-opinions/1973-1979/1978/opinion-no-78-3 Page 1 of 1 Massachusetts Bar Association : Opinion No. 74-7 6/17/08 5:24 PM

Ethics Opinions

Opinion No. 74-7 Summary: A lawyer may be identified as such in promotional materials relating to his availability as a public lecturer, where disclosure of his profession is reasonably pertinent for a purpose other than the attraction of potential clients.

Facts: A lawyer engaged in private practice also is a well-known author whose services as a public lecturer are in demand. He proposes to enter into an arrangement with a commercial agency to handle his speaking engagements, and inquires as to whether he properly may authorize the agency to identify him as a lawyer in the promotional materials which it will publish. He contemplates that the agency will be authorized to identify him as a lawyer, but not to make any other reference to his practice of law.

Discussion: Canon 27 of the former ABA Canons of Professional Ethics ruled it unprofessional conduct "to solicit professional employment by circulars, advertisements, through touters or by personal communications or interviews not warranted by personal relations." This canon also characterized all "indirect advertisements for professional employment" such as publicity "in connection with causes in which the lawyer has been or is engaged" as "reprehensible," but it stated that "the customary use of simple professional cards is not improper." Informal Opinion No. 920 of the ABA Standing Committee on Professional Ethics, February 24, 1966, construed Canon 27 to permit an attorney engaged in the general practice of law to publish works of fiction under his own name. It went on to say: However, if, in the advertising incident to publication, there is necessary any biographical material referring to you as the author, while the Committee sees no impropriety in your being referred to as a lawyer, such reference should not contain any statements which would hold you out as being specially able in any field of the law, whether 'general practice' or any other field. Such designation would come under the prohibitions of Canon 27, condemning advertising, direct or indirect. The Code of Professional Responsibility (SJC Rule 3:22) specifically provides in Disciplinary Rule DR 2-101(B) that "A lawyer shall not publicize himself ... as a lawyer through ... means of commercial publicity, nor shall he authorize or permit others to do so in his behalf, except as permitted under DR 2-103 [cooperation in a dignified manner with certain legal services activities]. This does not prohibit limited and dignified identification of a lawyer as a lawyer as well as by name: ..." "(2) In public notices when the name and profession of a lawyer ... are reasonably pertinent for a purpose other than the attraction of potential clients." The lawyer has not advised us as to the subject matter of his lectures. We believe DR 2-101(B)(2) would permit identification of him as a lawyer to be included in public notices of his lectures, if they are upon legal or quasi-legal subjects, whether fact or fiction, since his profession as a lawyer would be "reasonably pertinent" for the purpose of securing and publicizing speaking engagements on such subjects. This conclusion is buttressed by DR 2-104(4), which provides that "... a lawyer may speak publicly or write for publication on legal topics so long as he does not emphasize his own professional experience or reputation and does not undertake to give individual advice." However, if his lectures are on completely non-legal subjects, so that his profession as a lawyer is not "reasonably pertinent" to his lecture engagements, the strict prohibitions of DR 2-101(B) would apply, to proscribe public notices identifying him as a lawyer. DR 2-102(E) is to the same effect. It provides that "A lawyer who is engaged both in the practice of law and another profession or business shall not ... identify himself as a lawyer in any publication in connection with his other profession or business.

Permission to publish granted by the Board of Delegates, 1974. As stated in the Rules of the Committee on Professional Ethics, this advice is that of a committee without official governmental status. ©2008 Massachusetts Bar Association

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Ethics Opinions

Opinion No. 83-4 Summary: A lawyer may properly provide an educational seminar to local unions and their members as to the provisions of the Massachusetts Workers' Compensation Law, even where the underlying intent and desire is that such seminars will generate legal business in the future, provided that (1) neither the lawyer nor anyone on his behalf recommends employment of the lawyer as a private practitioner for a fee and (2) neither the seminar nor advertisement for the seminar involve deceptive statements or claims.

Facts: A lawyer explains that in the course of handling several workers' compensation cases he has become aware in discussions with clients that many workers are ignorant of the workers' compensation law or their rights thereunder. The lawyer inquires if he may contact local unions and inform their leadership that he would be willing to provide a seminar, free of charge, to the membership in order to acquaint them with their rights under the workers' compensation law. In the alternative the lawyer inquires whether he may rent a local hall to give such a seminar and notify the local unions of the date and time of the seminar. The lawyer candidly notes that despite the educational format of the seminar, there would be an underlying intent and desire that such seminars would in fact generate business in the future, and inquires as to where one is to draw the line between a lawyer's professional responsibility to inform and educate the public as to their legal rights and the limitations on advertising and solicitation of business.

Discussion: The Ethical Considerations, which were not adopted by our Supreme Judicial Court, but which do give guidance as to the interpretation of related disciplinary rules, have emphasized the obligations of lawyers to educate laypersons to recognize their legal problems. See EC 2-1 and 2-2. EC 2-2 specifically recognizes that lawyers should encourage and participate in educational and public relations programs concerning our legal system but cautions that "such educational programs should be motivated by a desire to benefit the public rather than to obtain publicity or employment for particular lawyers." In addition, EC 2-5 notes that a lawyer writing or speaking for the purpose of educating members of the public should be careful to "refrain from giving or appearing to give a general solution applicable to all apparently similar individual problems, since slight changes in fact situations may require a material variance in the applicable advice ... ." DR 2-103, Recommendation or Solicitation of Professional Employment, provides in material part: A lawyer shall not, by direct mail or other form of personal contact, recommend employment, as a private practitioner for a fee, of himself, his partner, or associate to a non-lawyer who has not sought his advice regarding employment of a lawyer ... . In addition, DR 2-104(A) prohibits a lawyer who has given unsolicited advice to a non-lawyer that he should obtain counsel or take legal action, from accepting employment resulting from the advice "if (1) the advice embodies or implies a deceptive statement or claim; or (2) the advice involves the use by the lawyer of coercion, threats, or vexatious or harassing conduct." The committee finds it difficult to draw precisely the line between the lawyer's professional responsibility to inform and educate the public and the anti-solicitation proscriptions of DR 2-103. On balance the committee believes that the lawyer may properly hold the seminar using either alternative suggested, so long as he does not suggest at the seminars (or to the unions) that he or his firm be retained as counsel for particular problems or questions. It is a well- known fact that lawyers often hold seminars for laypersons (or indeed other lawyers) on legal topics where part of the motivation is to generate legal business in the future. This conduct is not impermissible in the view of the committee, so long as there is no recommendation that the lawyer be employed as a private practitioner for a fee. The committee does not, of course, pass on any constitutional implications regarding the status of DR 2-103 which may be raised by this inquiry.

Permission to publish granted by the Board of Delegates on January 19, 1983. As stated in the Rules of the Committee on Professional Ethics, this advice is that of a committee without official governmental status. ©2008 Massachusetts Bar Association

http://www.massbar.org/for-attorneys/publications/ethics-opinions/1980-1989/1983/opinion-no-83-4 Page 1 of 1 Editorial Calendars Appendix

2008 Editorial Calendars

Compiled by Ari Kaplan [email protected] (646) 641-0600

2008 Editorial

ISSUE FEATURE FOCUS AD CLOSING Anchor Departments & Columns ABA Law Practice Magazine 2008 Editorial Calendar

January/ Marketing and Technology Nov. 7 FRONTLINES February • Technology Tools to Market Your Practice: Competitive (Materials • Trends Report. Marketing maven Robert Denney Intelligence, Social Networking, CRM and More Close: Nov. 20) spots what’s hot in the legal services market. • Ask Bill. Lawyer and mediator Bill Gibson March ABA TECHSHOW® Issue Jan. 4 helps readers answer career and practice questions. • Top Tech Tips for Marketing, Managing, Finance and More (Materials • Five Things. Want new business? Here’s what • Annual ABA TECHSHOW Exhibitor Directory Close: Jan. 16) you need to know in five easy steps. • Strategy. Best-selling practice management author Patrick McKenna gives next-level advice. April/May The Law Firm Administrators Issue Feb. 6 • What Administrators Wish Lawyers Knew (Materials TECHNOLOGY • How to Hire Your First (Or Next) Administrator Close: Feb. 21) • Product Watch and Product News. New technology products and services. • ABA TECHSHOW Tidbits. Nuggets from the June Talent April 7 best of ABA TECHSHOW. • Hiring, Training & Retaining in the New Marketplace: Trends (Materials Close: • Who Is. Profiles of lawyer-technologists. in Mandatory Retirement, Diversity Management and More Apr. 16) • Technology’s Role in Recruitment and Retention • Tips & Tricks. Dan Pinnington offers quick, practical, take-away technology tips. • Hot Buttons. Sharon Nelson and John Simek July/ The International Issue May 8 August (Materials tackle the trends shaping the legal technology • Expanding Your Practice Across Borders Close: May 21) landscape—security to forensics and so • Technology in the Global Legal Marketplace much more. BUSINESS September Law Firm Finance July 1 • Profitability. Dave Bilinsky and Laura Calloway Calendar • Systems for Capturing More Time, Effort and Dollars (Materials explain how to track, and boost, firm finances. Close: July 10) • Marketing: Benchmarking, Budgets and ROI • Marketing. Sally Schmidt advises how to fine- tune your professional development strategies. October/ Leadership Aug. 1 • Rainmaking. Susan Saltonstall Duncan’s November • Choosing Leaders (Materials practical tips and tactics. Close: Aug. 20) • Promoting Diversity • Managing. Marcia P. Shannon’s keen insights on managing people. December Change Management Oct. 3 • Leading through Crisis (Materials Close: Oct. 9) • Starting a Revolution: How to Bring Change to Your Firm How to Contact Law Practice

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Issue Date Special Features Bonus Distribution Closing Dates Space Material

January I Litigation Department of I American Association of Law Schools (AALS) Nov. 23 Dec. 4 Conference, January 2-6, New York, NY Supplements: the Year I American Intellectual Property Law Focus Europe* Association (AIPLA) Mid-Winter Meeting, Nov. 14 | Nov. 27 January 23-26, Phoenix, AZ Legal Recruiters I American Association for Justice Directory* (formerly ATLA) Mid-Winter Meeting, Nov. 15 | Nov. 27 January 26, Puerto Rico

February I Litigation Technology I LegalTech New York, February 5-7, Dec. 28 Jan. 8 New York, NY I Laterals Report I Chief Information & Technology Officer (CIO) Forum,* February 6, New York, NY

March I Intellectual Property I ABA TechShow, March 13-15, Chicago, IL Jan. 28 Feb. 6 I Paralegal Manager's Institute, I Corporate Canadian Big Deals New York, NY Ad-Q Study I Irish Lawyer I Minority Corporate Counsel Association (MCCA) 7th Annual CLE Expo, March 26-28, Chicago, IL

April I Corporate Scorecard I General Counsel, CEOs and CFOs at Feb. 27 Mar. 7 the Fortune 500 I Deal Makers of the Year I National Association for Law Placement I Canadian Big Suits (NALP) Annual Conference, April 16-19, Toronto, Canada I Association of Legal Administrators (ALA), May 5-8, Seattle, WA I U.S./Canadian Cross-Border M&A Forum, April, New York, NY I Legal Sales and Service Organization (LSSO) Regular Features: Annual Meeting, May 6-8, Boston, MA

I Bar Talk I I Big Deals May I AmLaw 100 General Counsel, CEOs and CFOs at Mar. 31 Apr. 8 the Fortune 500 I Big Suits I German Lawyer I National Association of Legal Search I Management Consultants (NALSC) Annual Meeting, I Arguments May 8-10, Hollywood, FL I The Lawyer’s Life I International Trademark Association I AmLaw Tech (INTA), May 17-21, Berlin, Germany I I Supreme Advocacy American Intellectual Property Law Association (AIPLA) Spring Meeting, I Dicta May 14-16, Houston, TX

June I AmLaw 101-200 I General Counsel, CEOs and CFOs at Apr. 28 May 7 the Fortune 500 Supplement: The Second Hundred I Special Libraries Association (SLA), Special rates apply— * Focus Europe* I Canadian Big Deals June 15-18, Seattle, WA please contact your Apr. 9 | Apr. 17 I sales representatives. Biotechnology Industry Organization (BIO) Annual Meeting, June 17-20, San Diego, CA I LegalTech West Coast, June 26-27, Los Angeles, CA

* The Definitive Law Firm Management Series Editorial Calendar    

Issue Date Special Features Bonus Distribution Closing Dates Space Material

July I Law Firm A-List I Heads of Pro Bono practices at law firms May 28 June 6 of 50 or more attorneys I Business Litigation I American Trial Lawyers Association I Pro Bono (ATLA) July 12-16, Philadelphia, PA I American Association of Law Libraries (AALL), July 12-16, Portland, OR

I August I Associates Survey American Bar Association (ABA) Annual June 30 July 9 Meeting, August 7-12, New York, NY I Special Report: Canada I International Legal Technology Association (ILTA) Annual Meeting, August 25-28, Dallas, TX

I September I Lifetime Achievement Awards Intellectual Property Owners July 29 Aug. 8 Association (IPO) Annual Conference, I Canadian Big Deals September 21-23, San Diego, CA I Law Librarian Survey

October I Global 100 I General Counsel, CEOs and CFOs at Aug. 27 Sept. 8 the Global Fortune 500 I Business Litigation I International Bar Association (IBA), I Canadian Big Suits October 10-12, Buenos Aires, Argentina I Licensing Executive Society (LES) Annual Meeting, October 13-19, Orlando, FL I Association of Corporate Counsel (ACC) Annual Meeting, October 19-22, Seattle, WA I The Chief Marketing Officers' Forum* I T3: Trial Tactics & Technology I Chief Recruitment & Professional Development Officer (CRO) Forum,* October Regular Features: I Subscribers to Corporate Counsel Sept. 12 Sept. 19 Litigation 2008 I Bar Talk I All relevant tradeshows throughout I A special annual magazine 2008, including ACC Annual Meeting, Big Deals October 20-22, Seattle, WA I Big Suits I Management November I Transactional Report Sept. 30 Oct. 10 I Arguments I The Lawyer’s Life Law Firm I Associates Technology Survey I AmLaw Tech Ad-Q Study I Supreme Advocacy I Dicta December I Managing Partners Survey: Oct. 27 Nov. 5 Strategies for the Future I Canadian Big Deals

January 2009 I Best Litigation Boutiques I American Intellectual Property Law Nov. 28 Dec. 8 * Special rates apply— Association (AIPLA) Mid-Winter Meeting, please contact your Supplement: January 23-26 sales representatives. Focus Europe* I LegalTech New York 2009 Oct. 10 | Oct. 18 Legal Recruiters Directory* Nov. 16 | Nov. 27

* The Definitive Law Firm Management Series editorial calendar 2008

Dear Advertiser,

I’m one lucky Editor in Chief. In 2007, I had the opportunity to celebrate American Libraries’ centennial by unveiling redesigns of the magazine, the American Libraries Web site, and the AL Direct weekly e-newsletter.

In addition, we launched a video and podcasting site, American Libraries Focus. How do we follow up to such a pivotal year? The answer is simple: we build on the momentum to catapult American Libraries into its next hundred years!

Changes in the library industry are reported monthly in American Libraries print, weekly in AL Direct, and virtually every day online and in the CentenniAL and Hectic Pace blogs; the cumulative effect is startling. More than 65,000 members of the American Library Association rely on American Libraries to keep up with their profession and jobs. There’s no other publication like American Libraries that addresses the professional needs of librarians and staff, media specialists, educators, and library science students, while delivering thorough and authoritative information about the multitude of activities of the world’s oldest and largest library association. We’re required reading—which is good news for you, our advertising partners.

As the library industry has adapted to changes in demographics, technology, and usage patterns, we’ve noticed that you’ve changed too. It’s not surprising these days to find ads in American Libraries for knowledge management systems, education programs, reference databases and tools, and self-checkout systems. Our readers need to know about your products and services to do their jobs well.

That’s why we’re eager to talk to you about the upcoming issues of American Libraries. We’ll be featuring vendors in new ways in 2008 by introducing an editorial section about new products and services for libraries. We are also looking for case histories that highlight the collaboration of libraries and vendors to solve business problems.

You can see the major themes we’ll be addressing in 2008 in this editorial calendar, as well as the ways we’ll be supporting our advertisers, such as bonus circulation at ALA conferences and other national and regional events. It’s thanks to you that readers call American Libraries their number one source for information about the profession. We look forward to working with you in the coming year to deliver your message.

Sincerely,

Leonard Kniffel Editor in Chief 2008 issues editorial focus january/february STAFFING & SALARIES close date 11/23/07 Special double issue for the ALA Midwinter Meeting in Philadelphia features a New Product materials due 11/30/07 Showcase section and takes a look at the forthcoming Baby Boomer exodus from the profession, the first of whom (born in 1946) turn 62 this year. Plus: A review of the work of the new ALA Allied Professional Association, a profile of New Hampshire’s Political Library in Concord, and a piece about “the user-centric library experience.” march LIFETIME USE CONTINUUM close date 1/25/08 A cover story about the continuum of library use that constitutes lifelong learning: from pre- materials due 2/1/08 school story hours in the public library, to the university and into the workplace, and back to the public library. Plus: “Who Makes These Rules?” an article about how to get involved in ALA governance. april GOING GREEN close date 2/22/08 The annual facilities showcase will spotlight green buildings and how they are gaining materials due 2/29/08 acceptance in the library field. Special reports on the efforts of the LEED program to lead the way to Green, and the Robin Hood Foundation’s drive for school library media centers.

may BOOKS YOU CAN’T MISS close date 3/28/08 Leaders as readers, a special feature on what librarians are reading, along with the 2007 list materials due 4/4/08 of Outstanding Reference Sources. june/july WORKPLACE WELLNESS close date 4/25/08 What makes for a healthy, productive workplace for library and information science materials due 5/2/08 professionals? Is laughter the best medicine? This issue will also investigate the role of parents and teachers in increasing the capacity and reach of school library media centers. august ADVOCACY close date 6/26/08 Reaching the public with the lifelong-learning message. It’s the objective of librarians materials due 7/3/08 everywhere—on the Hill and in the dale. This issue will also investigate the role of parents and teachers in making school library media centers happen. september INTELLECTUAL FREEDOM close date 7/25/08 Bold publishers make Banned Books Week possible, and this issue takes a look at the unexpect- materials due 8/1/08 ed surprises that greet even the most carefully gauged publicity campaign—along with a look at how librarians can turn would-be censors into supporters. october LIFELONG LEARNING close date 8/29/08 Continuing education is the name of the game in a profession now firmly rooted in technology. materials due 9/5/08 Vendors are doing it. Associations are doing it. And everyone can benefit, with a carefully geared approach to continuous learning—online and off. november ACCESS TO INFORMATION close date 9/26/08 Library automation systems are one of the keys to good user services, but where are materials due 10/3/08 systems vendors headed? december LITERACY close date 10/24/08 Literacy programs offer special challenges and rewards for school and public librarians who take materials due 10/31/08 on a teaching role with students of all ages. special sections conference distribution valued-added bonuses

❙ Planning guide for ALA’s Midwinter ALA Midwinter Meeting Free product spotlight in Meeting in Philly. Plus a restaurant guide Alaska Library Association E-Product News to the conference city. ❙ New Product Showcase

❙ Roundup of Midwinter Meeting news, Public Library Association Free product spotlight in featuring Association issues and actions, Louisiana Library Association E-Product News candidates’ statements, and what’s new on the exhibit floor. ❙ New Product Showcase

❙ “Design Showcase” for architects, Texas Library Association Free product spotlight in designers, furniture manufacturers, and Florida Library Association E-Product News equipment suppliers Conferences also in: Kansas, ❙ New Product Showcase New Mexico, Tennessee, Alabama, Washington/Oregon, Montana, New Jersey, Utah/Mountain Plains

❙ 2007 list of Outstanding Reference Delaware Library Association Free product spotlight in Sources E-Product News ❙ New Product Showcase

❙ Preview of programs and exhibits at the ALA Annual Conference Free product spotlight in ALA Annual Conference in Anaheim. Plus E-Product News a restaurant guide to the conference city. ❙ New Product Showcase

❙ Roundup of programs and exhibit hall Pacific Northwest Library Association Free product spotlight in news from the ALA Annual Conference IFLA World Congress E-Product News ❙ New Product Showcase

❙ New Product Showcase ALSC National Institute Free product spotlight in Illinois Library Association E-Product News

❙ Spotlight on education for librarianship LITA National Forum Free product spotlight in ❙ New Product Showcase Conferences in: Missouri, Kentucky, E-Product News Arkansas, Minnesota, Iowa, Nebraska, New England, Michigan.

❙ New Product Showcase California Library Association Free product spotlight in Conferences also in: Wisconsin, E-Product News New York, Pennsylvania.

❙ New Product Showcase West Virginia Library Association Free product spotlight in E-Product News editorial calendar 2008

departments and columns

Information Technology Tech News american libraries editorial staff Technology in Practice, by Meredith Farkas Technically Speaking, by Andrew K. Pace Internet Librarian, by Joseph Janes Leonard Kniffel, Editor in Chief Dispatches from the Field 800.545.2433, ext. 4215 [email protected] Professional Development Youth Matters, by Jennifer Burek Pierce Gordon Flagg, Managing Editor Working Knowledge, by Mary Pergander 800.545.2433, ext. 4213 Librarian’s Library, by Mary Ellen Quinn [email protected] Calendar: Opportunities for Continuous Learning Beverly Goldberg, Senior Editor Career Leads from JobLIST 800.545.2433, ext. 4217 [email protected] Rousing Reads, by Bill Ott George M. Eberhart, Senior Editor 800.545.2433, ext. 4212 [email protected]

Pam Goodes, Associate Editor 800.545.2433, ext. 4218 [email protected]

Daniel Kraus, Associate Editor 800.545-2433, ext. 4219 [email protected]

Karen Sheets, Senior Production Editor 800.545.2433, ext. 5107 [email protected]

Greg Landgraf, Editorial Assistant 800.545.2433, ext. 4216 [email protected]

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PUBLISHING Editorial Calendar    

Issue Date Special Features Bonus Distribution Closing Dates Space Material

January I Intellectual Property I Association of American Law Schools, Nov. 14 Nov. 27 January 2-6, New York, NY Supplement: I Corporate Governance I American Intellectual Property Law Focus Europe* I Canadian Big Suits Association (AIPLA), Mid-Winter Nov. 14 | Nov. 27 Meeting, January 23-26, Phoenix, AZ

February I Business Litigation I LegalTech New York, February 5-7, Dec. 14 Dec. 26 New York, NY Supplement: I Labor and Employment Diversity and the Bar* I Canadian Big Deals Dec. 7 | Dec. 17

March I Litigation Chiefs—Heads I ABA TechShow, March 13-15, Jan. 18 Jan. 29 of Litigation at the F250 Chicago, IL Corporate I Minority Corporate Counsel Association I Ad-Q Study Corporate Governance (MCCA) 6th Annual CLE Expo, I Special Advertising Section: March 26-28, Chicago, IL U.K. Litigation

April I Business Litigation I National Association for Law Placement Feb. 18 Feb. 27 (NALP) Annual Conference, April 16-19, I Supplement: Labor & Employment Toronto, Canada Diversity and the Bar* I Canadian Big Deals I Association of Legal Administrators Feb. 7 | Feb. 20 (ALA), May 5-8, Seattle, WA Law Firm I U.S./Canadian Cross-Border M&A Forum, Ad-Q Study New York, NY I Legal Sales and Service Organization (LSSO) Annual Meeting, May 6-8, Boston, MA

May I Litigation I National Association of Legal Search Mar. 18 Mar. 28 Consultants (NALSC) Annual Meeting, I Market Report: China May 8-10, Hollywood, FL I Canadian Big Suits I American Intellectual Property Law Association (AIPLA), Spring Meeting, Regular Features: May 14-16, Houston, TX I I In the News International Trademark Association (INTA), May 17-21, Berlin, Germany I Moves I The Corporate Counsel Forum, May, I Deals and Suits Norwegian Dawn, New York, NY I Legal Manager I Nanotech Annual Conference, June 1-5, I Lobby Log Boston, MA I D.C. Watch I I The 20th Annual General Counsel I June Best Legal Department of Apr. 18 Apr. 28 Dream Job Conference, New York, NY Supplements: the Year I Book Review I Special Libraries Association (SLA), Focus Europe* I I Outbox Intellectual Property June 15-18, Seattle, WA Maar. 25 | Apr. 12 I Biotechnology Industry Organization Diversity and the Bar* (BIO) Annual Meeting, June 17-20, Apr. 11 | Apr. 21 San Diego, CA Law Firm I LegalTech West Coast, June 26-27, Los Angeles, CA Ad-Q Study * Special rates apply— please contact your I sales representative. July I Business Litigation Society of Corporate Secretaries (SCS) May 16 May 28 Annual Meeting, June 27-July 1, I Market Report: Italy Colorado Springs, CO I Canadian Big Deals I American Association of Law Libraries (AALL) Annual Meeting, July 13-15, I Biotech Portland, OR Editorial Calendar    

Issue Date Special Features Bonus Distribution Closing Dates Space Material

August I GC Compensation Survey I National Bar Association (NBA) June 16 June 25 Annual Convention, July 26-August 2, Supplement: Houston, TX Diversity and the Bar* I American Bar Association (ABA) June 9 | June 18 Annual Meeting, August 7-12, Law Firm New York, NY Ad-Q Study

September I Who Represents America's I International Legal Technology July 18 July 29 Biggest Companies? Association (ILTA) Annual Meeting, August 25-28, Dallas, TX I Market Report: Spain I Intellectual Property Owners I Special Advertising Section: Association (IPO) Annual Conference, September 21-23, San Diego, CA Portugal

October I EDD I International Bar Association (IBA) Aug. 15 Aug. 26 Annual Conference, October 12-17, I Supplement: Intellectual Property Buenos Aires, Argentina Diversity and the Bar* I Canadian Big Deals I Licensing Executive Society (LES) Aug. 8 | Aug. 19 Annual Meeting, October 13-19, Orlando, FL I Association of Corporate Counsel (ACC) Annual Meeting, October 19-22, Seattle, WA I American Intellectual Property Law Association (AIPLA) , Annual Meeting, October 23-25 Washington, D.C. I T3: Trial Tactics & Technology

Litigation 2008 I Subscribers to The American Lawyer Sept. 12 Sept. 19 I All relevant tradeshows throughout A special annual magazine 2008, including ACC Annual Meeting, October 19-22, Seattle, WA Regular Features:

I In the News November I Labor & Employment I The 20th Annual General Counsel Sept. 17 Sept. 26 I Moves West Coast Conference I Canadian Big Suits I Deals and Suits Law Firm I Legal Manager Ad-Q Study I Lobby Log I D.C. Watch I December Business Litigation Oct. 19 Oct. 29 I Dream Job Supplement: I Special Advertising Section: I Book Review Diversity and the Bar* Asia I Outbox Oct. 13 | Oct. 22

Corporate Counsel Almanac I The CC Almanac issue will be Nov. 3 Nov. 13 distributed at all 2009 shows Year-end special reference source that includes in one volume where ALM is an exhibitor. Corporate Counsel’s signature surveys and studies of the year. * Special rates apply— please contact sales representative. January 2009 I Corporate Governance Nov. 14 Nov. 24 Supplement: I Intellectual Property Focus Europe* I Market Report: Canada Oct. 23 | Oct. 31 EDITORIAL CALENDAR

FEATURED TOPICS & SUPPLEMENTS JANUARY 9 Top 10 Plaintiff Verdicts 23 Top 20 Under 40*

The Los Angeles and San Francisco Daily 6 Top 10 Defense Verdicts Journals are the country’s leading daily FEBRUARY TBD The New Lawyer* legal newspapers. The Daily Journals are the premier publications for coverage 5 Top Northern CA Law Firms* on court cases, business news, trends MARCH 19 Diversity and profiles of policy makers. The publications are particularly noted for the 9 Intellectual Property* comprehensive profiles of judges and APRIL neutrals, and the regular coverage of dozens of practice areas, including 7 Top Women Litgators* 21 Summer Associates corporate, intellectual property and MAY TBD The New Lawyer* employment law. The Daily Journals are also noted for JUNE 25 Top Southern California Law Firms* their authoritative special issues, such as the annual listing of the state’s most influential lawyers, the state’s top women liti- JULY 16 Technology* gators, and the state’s top law firms.

EXPANDED MONTHLY COVERAGE AUGUST 13 Corporate Counsel* CONTINUING LEGAL EDUCATION BIGGEST DEALS 24 Top 100 Attorneys of CA* ADR SEPTEMBER

OCTOBER 22 Rainmaking*

NOVEMBER 5 Recruiting TBD The New Lawyer*

DECEMBER 3 Top Neutrals* 17 The Year In Review

Editorial calendar subject to change without notice * Supplements—Tabloid Size

Issue Date Special Features Bonus Distribution Closing Dates Space Material

January/ I Law Departments issue I LegalTech New York, February 5-7, Dec. 10 Dec. 19 New York, NY February Tentative cover story — best in-house professional I Minority Corporate Counsel Association development programs (MCCA) South/Southwest Dinner, CELEBRATING: February 27, Dallas, TX National Mentoring Month and African American History Month

March/April I Law Firms issue I Minority Corporate Counsel Association Feb. 9 Feb. 22 (MCCA) 7th Annual CLE Expo and Midwest Dinner, March 26-28, Chicago, IL CELEBRATING: I National Association for Law Placement (NALP) Annual Conference, April 16-19, National Women’s Toronto, Canada History Month and Older Americans Month

Regular Features:

I D&B Brief I Spotlighting May/June I Recruitment and I Minority Corporate Counsel Association Apr. 14 Apr. 23 I Diversity News Retention issue (MCCA) Mid-Atlantic Dinner, June 19. I Movers & Shakers I LegalTech West Coast, June 26-27, CELEBRATING: Los Angeles, CA Asian Pacific I The 20th Annual General Counsel American Heritage Conference, New York, NY Month and Gay Pride Month Editorial Calendar    

Issue Date Special Features Bonus Distribution Closing Dates Space Material

July/August I Women GC issue I National Bar Association (NBA) May 12 May 21 Annual Convention, July 28-August 4, Atlanta, GA CELEBRATING: Diversity Awareness Month and National Lawyers’ Promote Work/Life Balance Month

September/ I Minority GC issue I Minority Corporate Counsel Association Aug. 12 Aug. 21 (MCCA) Western Region Dinner, October October, Los Angeles, CA

I Association of Corporate Counsel (ACC) CELEBRATING: Annual Meeting, October 20-22, Seattle, WA National Hispanic Heritage Month and National Disability Employment Awareness Month

Regular Features:

I D&B Brief I Spotlighting November/ I Year-End issue I Minority Corporate Counsel Association Oct. 15 Oct. 24 I Diversity News December (award winners) (MCCA) Northeast Dinner, November, New York, NY I Movers & Shakers I Minority Corporate Counsel Association CELEBRATING: (MCCA) 8th Annual Creating Pathways to Diversity Conference, November, National American New York, NY Indian Heritage Month and Reaching for Peace Editorial Calendar    

Issue Date Special Features Bonus Distribution Closing Dates Space Material

January I IP Litigation Department I American Intellectual Property Law Nov. 23 Dec. 4 of the Year Association (AIPLA), Mid-Winter Meeting, January 23-26, Phoenix, AZ I Sponsored Section: I LegalTech New York February 5-7, 2008 Global IP Lawyer New York, NY

February I Practice Focus: Copyright Dec. 26 Jan. 7

March I IP in Silicon Valley I ABA TechShow, March 13-15, Chicago, IL Jan. 25 Feb. 5 I Law Firm IP Annual Briefing, March, California Ad-Q Study

April I Practice Focus: Trademark/ Feb. 26 Mar. 7 Brand Management I IP China I Sponsored Section: Global IP Lawyer

May I Building, Protecting and I American Intellectual Property Law Mar. 28 Apr. 18 Profiting from Your IP Association (AIPLA), Spring Meeting, Portfolio May 14-16, Houston, TX I International Trademark Association I IP—Up & Coming/ (INTA), May 17-21, Berlin, Germany 40 under 45 I Nanotech Annual Conference, June 1-5, Boston, MA I The Corporate Counsel Forum, May, Norwegian Dawn, New York, NY I Legal Sales and Service Organization (LSSO) Annual Meeting, May 6-8, Boston, MA

June I Biotech I Special Libraries Association (SLA) Apr. 25 May 6 Annual Conference, June 15-18, I ITC Survey Seattle, WA I LegalTech West Coast, June 26-27, Los Angeles, CA I Biotechnology Industry Organization (BIO) Annual Meeting, June 17-20, San Diego, CA I The 20th Annual General Counsel Conference, New York, NY Editorial Calendar    

Issue Date Special Features Bonus Distribution Closing Dates Space Material

July I Patent Litigation Survey: The I American Association of Law Libraries May 28 June 6 Most Active Patent Practices (AALL) Annual Meeting, July 13-15, Portland, OR I Sponsored Section: IP Asia

August I IP Boutiques I National Bar Association (NBA) June 27 July 8 Annual Convention, July 26-August 2, I Recruiting Houston, TX I American Bar Association (ABA) Annual Meeting, August 7-12, New York, NY I International Legal Technology Association (ILTA) Annual Meeting, August 25-28, Dallas, TX

September I Patent Management I Intellectual Property Owners July 28 Aug 6 and Licensing Association (IPO) Annual Conference, September 21-23, San Diego, CA

October I IP Europe I International Bar Association (IBA) Aug. 22 Sept. 3 Annual Conference, October 12-17, Buenos Aires, Argentina I Licensing Executive Society (LES) Annual Meeting, October 13-19, Orlando, FL I Association of Corporate Counsel (ACC) Annual Meeting, October 19-22, Seattle, WA I American Intellectual Property Law Association (AIPLA) Annual Meeting, October 23-25, Washington, D.C. I IP: Product Safety/Liability, October, Washington, D.C.

November I Who Represents IP America I The 20th Annual General Counsel Sept. 26 Oct. 7 West Coast Conference

December I Pharmaceuticals Oct. 26 Nov. 5 I IP Canada

IP Almanac I The IP Almanac issue will be Nov. 6 Nov. 14 distributed at all 2009 shows The definitive digest of the year’s most important developments in intellectual property law.

January 2009 I Trial Strategy I LegalTech New York 2009 Nov. 20 Dec. 3

* The Definitive Law Firm Management Series Editorial Calendar    

Issue Date Special Features Bonus Distribution Closing Dates Space Material

January I EDD Showcase I American Intellectual Property Dec. 6 Dec. 17 Law Association (AIPLA), Mid-Winter I Security Meeting, January 23-26, Phoenix, AZ I Software Upgrades I LegalTech New York, February 5-7, (Vista et al) New York, NY I Chief Information & Technology Officer (CIO) Forum*, February 6, New York, NY

February I Business Intelligence Jan. 8 Jan. 17 I VoIP /Telecommunications I Disaster Recovery/ Business continuity

March I 2008 LTN Awards I ABA TechShow, March 13-15, Chicago, IL Feb. 6 Feb. 15 I Practice/Case Management I Small Firm Focus: Software

April I Mobile Showcase I Association of Legal Administrators Mar. 11 Mar. 20 (ALA) Annual Conference, May 5-8, I Enterprise Content Seattle, WA Management I Legal Sales and Service Organization I Storage Systems/Repositories (LSSO) Annual Meeting, May 6-8, Boston, MA

May I Web 2.0 (Blogs, RSS, Wikis, etc.) I American Intellectual Property Law Apr. 9 Apr. 18 Association (AIPLA) Spring Meeting, I Workflow Systems/ In Every Issue May 14-16, Houston, TX Document Management I Technology on Trial I International Trademark Association I Technology Infrastructure I Ball in Your Court (INTA), May 17-21, Berlin, Germany (EDD) I Today’s Tech Savvy Law Librarian, I SnapShot (Profile) May, New York, NY I IT@ (Case Study) I Web Watch I New Products * I Distributed at all major legal trade April 29 May 8 Spring/Summer Resource Guide shows throughout Summer 2008 www.ltnresourceguide.com In print and online, the comprehensive national desktop reference source of legal vendors and companies serving Special rates apply — the legal market * please contact your sales representatives.

June I Outsourcing I Special Libraries Association (SLA) May 8 May 19 Annual Conference, June 15-18, I Security & Privacy Seattle, WA I Collaboration I LegalTech West Coast, June 26-27, Los Angeles, CA Editorial Calendar    

Issue Date Special Features Bonus Distribution Closing Dates Space Material

July I Legal Research/ I American Association of Justice June 9 June 18 Libraries Update (formerly ATLA) July 12-16, Philadelphia, PA I Litigation Support/ I American Association of Law Libraries Courtroom Conferencing (AALL), July 12-16, Portland, OR

August I EDD Showcase II – 6th Annual I American Bar Association (ABA) July 9 July 18 Socha Survey Annual Meeting, August 7-12, New York, NY I IT Challenges I International Legal Technology I Recruiting & Staffing Association (ILTA) Annual Meeting, August 25-28, Dallas, TX

September I Networking & Storage Aug. 8 Aug. 19 I Business Intelligence I Digital Dictation/Transcripts

October I EDD Showcase III – GC I Association of Corporate Counsel Sept. 9 Sept. 18 Perspectives (ACC) Annual Meeting, October 20-22, Seattle, WA I Finance: Time & Billing, I E-billing American Intellectual Property Law Association (AIPLA), Annual Meeting, I Marketing October 23-25 Washington, D.C. I T3 Trial Tactics & Technology

* I Distributed at all major legal trade Sept. 26 Oct. 7 In Every Issue Fall/Winter Resource Guide shows throughout Winter 2008 I Technology on Trial www.ltnresourceguide.com I Ball in Your Court In print and online, the comprehensive national desktop (EDD) reference source of legal vendors and other companies I SnapShot (Profile) serving the legal market I IT@ (Case Study) I Web Watch I New Products November I Mobile Showcase Oct. 9 Oct. 20 I Security I Midsize firms: Hardware Special rates apply — * please contact your sales representatives. December I * I Distributed at all major legal trade Nov. 6 Nov. 17 Corporate Profiles shows throughout Winter 2009 (Advertising Section)

I Year in Review I Change Management I Internet Frontiers 2008 Editorial Calendar

For advertising information, visit www.legalassistanttoday.com or contact Randie English at 714-755-2960 / [email protected]

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    

.     .  .            .     

                  .          

.              .     

. .        .          .   

          .   .          

            .             

                

  Legal Times

2008 Editorial Calendar

Issue closing Special Bonus/Show date date Reports Distribution

1/7 1/2 1/14 1/8 1/21 1/15 Total market coverage 1/28 1/22 New Partners Fortune 1000 chief legal officers; WMACCA January In-House Counsel 2/4 1/29 Technology Total market coverage; D.C.-area administrators, paralegals, information systems directors, and librarians; LegalTech NY

2/11 2/5 2/18 2/12 Litigation In-house counsel specializing in litigation; Fortune 1000 chief In-House Counsel legal officers; WMACCA February 2/25 2/19 Real Estate Total market coverage; in-house counsel with an interest in real estate 3/3 2/26 Insurance Total market coverage; in-house counsel specializing in insurance 3/10 3/4 Wealth Management/ Mid-Atlantic lawyers specializing in trusts and probate Trusts & Estates

3/17 3/11 Influence Revenue Report Chief executives of large associations 3/24 3/18 Leading Lawyers: Corporate In-house counsel with an interest in litigation; Fortune 1000 Mar c h Governance (Internal Investigations) chief legal officers; WMACCA In-House Counsel 3/31 3/25 Law Firm Administration: Total market coverage; D.C.-area administrators, paralegals, How Firms Are Going Green? information systems directors, and librarians

Leading Lawyers A series of four special reports identifying, through Legal Times reporting and analysis, the go-to lawyers in a specific practice area.

In-House Counsel: A monthly feature full of news and information especially for corporate, association, and non-profit counsel. Special bonus distribution to the chief legal officers at the Fortune 1000 and membership of the Washington Metropolitan Area Corporate Counsel Association (WMACCA).

Total Market Coverage: Special distribution guarantees your ad is seen in every law office in metro DC.

BOLDFACE ALL-CAPS special reports are separate special-format publications, distributed with the corresponding newspaper issue.

(202) 457-0686 • Fax (202) 785-4539 • LTadvertise@alm.com 1730 M Street, N.W. • Suite 800 • Washington, D.C. 20036 Legal Times

2008 Editorial Calendar

Issue closing Special Bonus/Show date date Reports Distribution

4/7 4/1 Antitrust In-house counsel with an interest in antitrust 4/14 4/8 Tax In-house counsel with an interest in tax

4/21 4/15 Corporate Counsel/In-House Counsel Fortune 1000 chief legal officers; WMACCA; total market Ad-Q coverage

2/15 LEADING LAWYERS ALMANAC Ap r il (Five Years of Leading Lawyers)

4/28 4/2 Leading Lawyers: INTELLECTUAL In-house counsel with an interest in intellectual property; PROPERTY (Copyright and Trademark) American Intellectual Property Law Association conference

5/5 4/29 Revenues and Profits U.S. law school placement officers and deans

5/12 5/2 Legal Times: Thirty Years Fortune 1000 chief legal officers; WMACCA of Law & Lobbying

5/19 3/21 Legal Times: Thirty Years of Pioneers, Fortune 1000 chief legal officers; WMACCA

May Champions & Visionaries In-House Counsel

5/26 5/20 Labor & Employment Total market coverage; in-house counsel with an interest in employment law

6/2 5/27 Summer Associates

6/9 6/3 Life Sciences In-house counsel at bio and pharma companies

6/16 6/10 Litigation (Focus on Technology) Fortune 1000 chief legal officers; WMACCA; Special Libraries, In-House Counsel conference; Legal Tech West

June 6/23 6/17 Law Firm Administration Total market coverage; D.C.-area administrators, paralegals, information systems directors, and librarians.

6/30 6/24 Conventions Preview

Leading Lawyers A series of four special reports identifying, through Legal Times reporting and analysis, the go-to lawyers in a specific practice area.

Total Market Coverage: Special distribution guarantees your ad is seen in every law office in metro DC.

BOLDFACE ALL-CAPS special reports are separate special-format publications, distributed with the corresponding newspaper issue.

(202) 457-0686 • Fax (202) 785-4539 • [email protected] 1730 M Street, N.W. • Suite 800 • Washington, D.C. 20036 Legal Times

2008 Editorial Calendar

Issue closing Special Bonus/Show date date Reports Distribution

7/7 7/1 5/28 Intellectual Property In-house counsel with an interest in intellectual property

7/14 7/8 Librarians (Information Management) D.C.-area administrators, paralegals, information systems y directors, and librarians

Ju l 7/21 7/15 Leading Lawyers: In-house counsel with a focus on government affairs; Fortune Government Affairs 1000 chief legal officers; WMACCA In-House Counsel 7/28 7/22 Total market coverage

8/4 7/29 Pro Bono U.S. law school placement officers and deans

8/11 8/5

8/18 8/12 White Collar In-house counsel with an interest in white collar criminal law, In-House Counsel Fortune 1000 chief legal officers; WMACCA

A u g s t 8/25 8/19 Technology Total market coverage; D.C.-area administration, paralegals, Information Systems directors, librarians

9/1 8/26 Area Law Schools Students at D.C.-area law schools; U.S. law school placement officers and deans

9/8 9/2 Food & Drug In-house counsel at bio and pharma companies 9/15 9/9 Leading Lawyers: In-house counsel with an interest in real estate Real Estate

9/22 9/16 Corporate Counsel/In-House Counsel Fortune 1000 chief legal officers; WMACCA Se p te m ber 9/29 9/23 New Associates & Their Salaries Total market coverage; U.S. law school placement officers and deans

Leading Lawyers A series of four special reports identifying, through Legal Times reporting and analysis, the go-to lawyers in a specific practice area.

Total Market Coverage: Special distribution guarantees your ad is seen in every law office in metro DC.

BOLDFACE ALL-CAPS special reports are separate special-format publications, distributed with the corresponding newspaper issue.

(202) 457-0686 • Fax (202) 785-4539 • [email protected] 1730 M Street, N.W. • Suite 800 • Washington, D.C. 20036 Legal Times

2008 Editorial Calendar

Issue closing Special Bonus/Show date date Reports Distribution

10/6 9/30 LT 150: Metro D.C.'s Largest Law Offices

10/13 10/7

9/3 Intellectual Property In-house counsel with an interest in intellectual property; American Intellectual Property Law Association conference

10/20 10/14 In-house counsel with an interest in diversity; Fortune 1000 chief O c t o ber Diversity In-House Counsel legal officers; WMACCA; total market coverage 10/27 10/21 Energy In-house counsel specializing in energy 11/3 10/28 Law Firm Administration D.C.-area administrators, paralegals, information systems directors, and librarians, total market coverage 11/10 11/4 Government Contracts In-house counsel at government contractors

11/17 11/11 Securities/Corporate Governance In-house counsel specializing in corporate governance and In-House Counsel compliance; Fortune 1000 chief legal officers; WMACCA

No ve m ber 11/24 11/18

12/1 11/25 The New Administration

12/8 12/2 Real Estate In-house counsel with an interest in real estate; Fortune 1000 chief In-House Counsel legal officers; WMACCA 12/15 12/9 Tech Update Total market coverage; D.C.-area administrators, paralegals, information systems directors, and librarians

12/22 12/16

De c e m ber Lobby Campaigns of the Year

12/29 12/23 Year in Review

Leading Lawyers A series of four special reports identifying, through Legal Times reporting and analysis, the go-to lawyers in a specific practice area.

Total Market Coverage: Special distribution guarantees your ad is seen in every law office in metro DC.

BOLDFACE ALL-CAPS special reports are separate special-format publications, distributed with the corresponding newspaper issue.

(202) 457-0686 • Fax (202) 785-4539 • [email protected] 1730 M Street, N.W. • Suite 800 • Washington, D.C. 20036

CALENDAR

2008

JANUARY - INTELLECTUAL PROPERTY MARCH - ELDER LAW MAY - ENVIRONMENTAL LAW JULY - CRIMINAL LAW SEPTEMBER - IMMIGRATION LAW NOVEMBER - CONSTITUTIONAL ISSUES

2009

JANUARY - BABY BOOMERS MARCH - EDUCATION MAY - FAMILY LAW JULY - EMPLOYMENT SEPTEMBER - PRIVACY ISSUES NOVEMBER - DISABILITY

2010

JANUARY - IP

Editorial Calendar ’08800.444.5297 ext. 8145 www.masslawyersweekly.com

Issue Closing Ad Size Editorial Content Events Jan. 1.7 12.27 Most Important Opinions 1.14 1.3 Healthy Lawyer 1.21 1.10 Diversity 1.28 1.17 Real Estate / Largest Verdicts Feb. 2.4 1.24 Trial Techniques Excellence in the Law 2.11 1.31 Meetings / ADR 2.18 2.7 Elder Law 2.25 2.14 Real Estate - Trust Estate 3.3 2.21 Career / Education March 3.10 2.28 Cape South (extra circ) 3.17 3.6 Office Space 3.24 3.13 Experts 3.31 3.20 Leaders in the Law April 4.7 3.27 Technology 4.14 4.3 Trust & Estate 4.21 4.10 ADR 4.28 4.17 Real Estate / Largest Firms Leaders in the Law 5.5 4.24 Golf May 5.12 5.1 Trial Techniques 5.19 5.8 Meetings / Networking 5.26 5.15 Real Estate 6.2 5.22 West. MA (extra circ) / Summer Associates June 6.9 5.29 New Lawyers 6.16 6.5 Defense Verdicts 6.23 6.12 Experts 6.30 6.19 Real Estate July 7.7 6.26 Most Important Opinions 7.14 7.3 Trust & Estate Summer Recess 7.21 7.10 ADR Survey 7.28 7.17 Real Estate / Healthy Lawyer 8.4 7.24 Trial Techniques Aug. 8.11 7.31 Elder Law 8.18 8.7 Up & Coming Lawyers 8.25 8.14 Real Estate / Experts 9.1 8.21 Central MA (extra circ) Sept. 9.8 8.28 Office Space 9.15 9.4 Career / Education Up andLawyers Coming USA 9.22 9.11 Meetings - Dining 9.29 9.18 Real Estate / SJCpresents year in Review 10.6 9.25 Unsung Heroes / ADR Oct 10.13 10.2 Experts 10.20 10.9 Salary Survey Unsung Heroes 10.27 10.16 Real Estate - Elder Law Nov. 11.3 10.23 Battle of the Lawyers 11.10 10.30 Trust & Estate of the Lawyers 11.17 11.6 Corporate Counsel Survey 11.24 11.13 Real Estate - New Lawyers 12.1 11.20 North - extra circ Dec. 12.8 11.27 Best Law Firm Web Sites 12.15 12.4 Trial Techniques 12.22 12.11 Real Estate 12.29 12.18 Lawyers of the Year Bold denotes special section Editorial Planning Calendar 2008

10/19/07 2008 REAL ESTATE REPORTS, EVENT 2008 FINANCIAL REPORTS, EVENT

January Ad Deadline Publishes January Ad Deadline Publishes 2008 South Florida Economic Securities Fraud 01/14 01/17 and Real Estate Forecast 01/09 01/14 Financial Review Prior Friday Every Wednesday Real Estate Review Prior Tuesday Every Friday *(Except first and third weeks, changes to 12/26 ad deadline for 1/2 pub date and 1/17 deadline for 1/23 pub date)

February Ad Deadline Publishes February Ad Deadline Publishes Leasing Guide: Office 02/26 03/10 Financial Review Prior Friday Every Wednesday Real Estate Review Prior Tuesday Every Friday *(Except third week, changes to 2/14 ad deadline for 2/20 pub date)

March Ad Deadline Publishes March Ad Deadline Publishes 2007 Dealmakers of the Year 03/18 03/31 2007 Dealmakers of the Year 03/18 03/31 Real Estate Review Prior Tuesday Every Friday Bankruptcy 03/24 03/27 Financial Review Prior Friday Every Wednesday April Ad Deadline Publishes Leasing Guide: Retail 04/16 04/21 April Ad Deadline Publishes Real Estate Review Prior Tuesday Every Friday Community Banks 04/23 04/28 Financial Review Prior Friday Every Wednesday May Ad Deadline Publishes Leasing Guide: Industrial 05/06 05/19 May Ad Deadline Publishes Real Estate Review Prior Tuesday Every Friday Financial Review Prior Friday Every Wednesday *(Except last week, changes to 5/22 ad deadline for 5/28 pub date) June Ad Deadline Publishes Commercial Lending 06/04 06/09 June Ad Deadline Publishes Construction Law 06/09 06/12 Financial Review Prior Friday Every Wednesday Real Estate Review Prior Tuesday Every Friday July Ad Deadline Publishes July Ad Deadline Publishes Financial Review Prior Friday Every Wednesday Real Estate Review Prior Tuesday* Every Friday *(Except first week, changes to 7/3 ad deadline for 7/9 pub date) *(Except first Tuesday, changes to 6/30 ad deadline for 7/3 pub date) August Ad Deadline Publishes August Ad Deadline Publishes Corporate Counsel Real Estate Review Prior Tuesday Every Friday Compensation 08/13 08/18 Financial Review Prior Friday Every Wednesday September Ad Deadline Publishes Commercial Real September Ad Deadline Publishes Estate Annual Report 09/02 09/15 Financial Review Prior Friday Every Wednesday Real Estate Review Prior Tuesday Every Friday *(Except first week, changes to 8/28 ad deadline for 9/3 pub date)

October Ad Deadline Publishes October Ad Deadline Publishes Real Estate Biggest Deals 10/21 11/03 Community Banking 10/01 10/06 Real Estate Review Prior Tuesday Every Friday Financial Review Prior Friday Every Wednesday International Real Estate 10/29 11/03 November Ad Deadline Publishes November Ad Deadline Publishes Wealth Management 11/05 11/10 Real Estate Review Prior Tuesday* Every Friday Financial Review Prior Friday* Every Wednesday *(Except last week, changes to 11/24 ad deadline, 11/28 pub date) December Ad Deadline Publishes December Ad Deadline Publishes Financial Review Real Estate Review Prior Tuesday Every Friday Prior Friday Every Wednesday

DAILY BUSINESS REVIEW SIGNATURE EVENT February Sponsorship Deadline Event Date Top Dealmakers 02/01 03/28 All deadlines are at noon Editorial Planning Calendar 2008

2008 LEGAL REPORTS, EVENT 10/19/07 January Ad Deadline Publishes September Ad Deadline Publishes Securities Fraud 01/14 01/17 Arbitration & Mediation 09/04 09/09 Diversity 01/17 01/28 Lawyer Compensation 09/12 09/22 Immigration Law 01/18 01/24 From the Courts Prior Wednesday* Every Monday* Litigation/Technology 01/30 02/04 *(Except first Monday, changes to 08/28 ad deadline for 09/03 pub date) From the Courts Prior Wednesday* Every Monday* *(Except first and third Mondays, and to 01/17 ad deadline for 01/23 pub date) October Ad Deadline Publishes Intellectual Property 10/08 10/13 February Ad Deadline Publishes Advice for New Lawyers Supreme Court 02/06 02/11 w/Newly Admitted to Bar list 10/09 10/14 Entertainment Law I 02/11 02/14 Top Litigation Shops 10/15 10/20 From the Courts Prior Wednesday* Every Monday* Managing Partners Survey 10/22 1027 *(Except third Monday, changes to 02/14 ad deadline for 02/20 pub date) From the Courts Prior Wednesday Every Monday

March Ad Deadline Publishes November Ad Deadline Publishes Electronic Evidence 03/10 03/13 Corporate Governance 11/04 11/17 New Partners 03/12 03/17 Employment Law 11/20 11/25 2007 Dealmakers of the Year 03/18 03/31 From the Courts Prior Wednesday Every Monday* Bankruptcy 03/24 03/27 *(Except last week, changes to 11/24 ad deadline for 12/01 pub date) Law Firm Administration 03/27 04/01 From the Courts Prior Wednesday Every Monday December Ad Deadline Publishes Most Effective Lawyers 12/03 12/08 April Ad Deadline Publishes From the Courts Prior Wednesday* Every Monday Preparing For The Storm 04/07 04/10 Intellectual Property 04/09 04/22 From the Courts Prior Wednesday Every Monday

May Ad Deadline Publishes DAILY BUSINESS REVIEW SIGNATURE EVENTS Class-Action Lawsuits 05/15 05/20 February Sponsorship Deadline Event Date Summer Associates 05/28 06/02 Top Dealmakers 02/01 03/28 From the Courts Prior Wednesday* Every Monday* November Sponsorship Deadline Event Date *(Except last Monday, changes to 05/22 ad deadline for 05/28 pub date) Managing Partners Summit 09/03 11/05 December Sponsorship Deadline Event Date June Ad Deadline Publishes Most Effective Lawyers 10/24 12/05 Construction Law 06/09 06/12 Litigation Tech 06/11 06/16 Review 100 06/18 06/23 Retention & Recruitment 06/19 06/24 ALM NETWORK BUYS Medical Malpractice 06/23 06/26 January Ad Deadline Publishes From the Courts Prior Wednesday Every Monday Litigation/Technology 01/30 02/04 May Ad Deadline Publishes July Ad Deadline Publishes Summer Associates 05/28 06/02 Health Care Law 07/02 07/08 June Ad Deadline Publishes White-Collar Crime 07/10 07/15 Litigation/Technology 06/11 06/16 Entertainment Law 07/14 07/17 August Ad Deadline Publishes Insurance Law 07/31 08/05 Electronic Discovery 08/20 08/25 From the Courts Prior Wednesday Every Monday October Ad Deadline Publishes *(Except second week, changes to 7/1 ad deadline for 7/7 pub date) Intellectual Property 10/08 10/13 August Ad Deadline Publishes November Ad Deadline Publishes Law Firm Technology 08/06 08/11 Corporate Governance 11/04 11/17 Corporate Counsel Compensation 08/13 08/18 Electronic Discovery 08/20 08/25 International Law 08/21 08/26 From the Courts Prior Wednesday Every Monday

All deadlines are at noon Advertorial Planning Calendar 2008

2008 ADVERTORIAL 10/19/07 January Ad Deadline Publishes ASSOCIATION OF LEGAL ADMINISTRATORS EXPO GUIDES CPA Directory 01/04 01/14 February Ad Deadline Publishes Diversity/Profiles in Diversity 01/17 01/28 Palm Beach ALA Legal Expo Guide 02/15 03/10 March Ad Deadline Publishes March Ad Deadline Publishes The Good Life Magazine 03/05 03/20 Miami-Dade ALA Legal Expo Guide To be determined April Ad Deadline Publishes CPA Directory 04/18 04/28 DADE BAR BULLETIN May Ad Deadline Publishes Ad Deadline Publishes Technology for Home and Office 05/02 05/12 January 12/14 01/03 February 01/24 02/07 June Ad Deadline Publishes March 03/02 03/06 Hurricane Section 06/13 06/30 April 03/20 04/03 May 04/17 05/01 August Ad Deadline Publishes June 05/22 06/05 CPA Directory 08/08 08/18 July 06/19 07/03 Hurricane Supplement II 08/07 08/22 August 07/24 08/07 September 08/21 09/04 September Ad Deadline Publishes October 09/18 10/02 Automotive Supplement 08/28 09/08 November 10/23 11/06 December 11/18 12/04 November Ad Deadline Publishes The Good Life Magazine 10/31 11/17

December Ad Deadline Publishes CPA Directory 11/26 12/08

ROUNDTABLES January Participant Deadline Event Date Labor & Employment 12/07 01/25 March International Business Law 01/31 03/14 April Intellectual Property 03/07 04/25 May Medical Malpractice 03/28 05/16 August Labor & Employment 07/11 08/29 September Insurance Law 08/08 09/26

All deadlines are at noon Editorial Calendar    

Issue Date Special Features Bonus Distribution Closing Dates Space Material

April I Diversity Scorecard I National Association for Law Placement Mar. 27 Apr. 4 (NALP) Annual Conference, April 16-19, Toronto, Canada

I National Association of Legal Search Consultants (NALSC) Annual Meeting, May 8-10, Hollywood, FL

I Minority Corporate Counsel Association (MCCA) Mid-Atlantic Dinner, June 21, Washington, D.C.

I LegalTech West Coast, June 26-27, Los Angeles, CA

I The 20th Annual General Counsel Conference, June, New York, NY

I American Association of Law Libraries (AALL) Annual Meeting, July 13-15, Portland, OR

I National Bar Association (NBA) Annual Convention, July 28-August 4, Atlanta, GA

I American Bar Association (ABA) Annual Meeting, August 7-12, New York, NY

September I Law Student Edition I Association of Corporate Counsel (ACC) July 13 July 21 2004 Annual Meeting, October 20-22, Seattle, WA

I Minority Corporate Counsel Association (MCCA) Northeast Dinner and 8th Annual Creating Pathways to Diversity Conference, November, New York, NY

December I National Directory of I LegalTech New York, February 5-7, Aug. 24 Sept. 7 Minority Attorneys New York, NY

MinorityLawJournal Editorial Calendar    

Issue Date Special Features Bonus Distribution Closing Dates Directory Space Material January

7 I Pro Bono Awards I Members of the Association of Dec. 21 Dec. 28 Pro Bono Firm Profiles Corporate Counsel (ACC) I Association of Legal Administrators Mid-Winter Meeting, January 11-16, Philadelphia, PA 14 I Labor & Employment (In-House) I Members of the Society for Human Jan. 2 Jan. 7 Resources Management (SHRM) I General Counsel at the Fortune 500 I Marketing Partner Forum, January 16-18, Palm Beach, FL

21 I Intellectual Property Law I American Intellectual Property Law Jan. 9 Jan. 14 IP Litigator Profiles Association (AIPLA) Mid-Winter Meeting, January 23-26, Phoenix, AZ I American Association for Justice (formerly ATLA) Mid-Winter Meeting, January 26-30, San Juan, PR I Computer Forensics Show, February 5-6, Washington DC 28 I Wealth Management/ I Lawyers specializing in trusts and estates Jan. 16 Jan. 18 Trusts & Estates February 4 I The Modern Jury I LegalTech New York February 5-7, Jan. 23 Jan. 28 Litigation Support Directory New York, NY

11 I Big Deals/Dealmakers (In-House) I Practice group leaders at the nation's top Jan. 30 Feb. 4 Recruiters Directory M&A firms I General Counsel at the Fortune 500 18 I Verdicts I Litigation department heads at the Feb. 6 Feb. 11 CLE Directory nation's largest law firms I General Counsel and Litigation Managers at the Fortune 500

25 I International Law I Managing Partners at the nation's Feb. 13 Feb. 15 Foreign Practice Group Profiles largest law firms I General Counsel at the Global 1000 March I 3 I Corporate Restructuring & Members of the National Association of Feb. 20 Feb. 25 Bankruptcy Trustees (NABT) Bankruptcy I Bankruptcy/Restructuring practice group Bankruptcy Profiles leaders at the nation's largest law firms + 10 I Electronic Discovery I American Bar Association Tech Show Feb. 27 Mar. 3 March 13-15, Chicago, IL I Legal Marketing Association Annual Meeting March 12-15, Los Angeles, CA

17 I Securities Law I Corporate Counsel at the largest Mar. 5 Mar. 10 + Also appearing in publicly traded companies New York Law Journal. I I Please contact your 24 White Collar Crime (In-House) Minority Corporate Counsel Association Mar. 12 Mar. 17 account representative White Collar Crime Dept. Head Profiles Annual CLE Expo March 26-28, Chicago, IL I for special rates Expert Witness Directory Corporate Governance Officers, Corporate Compliance Officers, General Counsel and Risk Managers at the Fortune 500

31 I The Americas Cross Border Issues I Managing Partners at the nation's largest Mar. 19 Mar. 24 law firms I General Counsel at the Fortune 500 Editorial Calendar    

Issue Date Special Features Bonus Distribution Closing Dates Directory Space Material April 7 I Appellate Hot List I Members of the National Association of Mar. 26 Mar. 31 Law Placement (NALP) I Managing Partners at the nation's largest law firms I General Counsel at the Fortune 500 + 14 I Law Schools I National Association for Law Placement Apr. 2 Apr. 7 (NALP) April 16-19, Toronto, CAN I Law Libraries at law schools nationwide I Managing Partners and Recruiting Officers at the nation's largest law firms

21 I Complex Litigation I International Trademark Association (INTA) Apr. 9 Apr. 14 Annual Meeting May 17-21, Berlin, Germany I Members of the American Association of Justice (Formerly ATLA) I Heads of Litigation at the Fortune 500

I 28 I Law Firm Administration Association of Legal Administrators Apr. 16 Apr. 21 Annual Meeting May 5-8, Seattle, WA May 5 I Law Firm Recruiting I Association of Legal Administrators Apr. 23 Apr. 28 The Annual Guide to the Legal Annual Meeting May 5-8, Seattle, WA I National Association of Legal Search Search Profession Consultants Annual Meeting May 8-10, Hollywood, FL 12 I Intellectual Property Law I American Intellectual Property Law Association Apr.30 May 5 Ad-Q Study Litigation Support Directory Spring Meeting May 14-16, Houston, TX I Nanotech, May 1-5, Boston, MA CLE Directory I In-House IP Counsel at Fortune 500 Expert Witness Directory 19 I I Labor & Employment Members of the Society for Human May 7 May 12 Labor & Employment Practice Resources Management (SHRM) I Profiles General Counsel at the Fortune 500

I 26 I Most Influential Minority Lawyers Managing Partners at the nation's largest May 14 May 19 law firms I General Counsel at the Fortune 500 June 2 I Summer Associates I Summer associates at the nation's largest May 21 May 23 law firms

I + 9 I Federal Court Review Special Libraries Association (SLA) Annual May 28 June 2 Litigation Support Directory Meeting, June 15-18, Seattle, WA I Managing Partners at the nation's largest law firms I General Counsel at the Fortune 500

16 I Winning I LegalTech West Coast June 4 June 9 I Managing Partners at the nation's largest Technology Directory + Also appearing in law firms CLE Directory New York Law Journal. I General Counsel at the Fortune 500 Please contact your I Biotechnology Industry Organiztion Annual account representative Conference June 17-20, San Diego, CA for special rates 23 I M&A (In-House) I General Counsel at the Fortune 500 June 11 June 16 I M&A Lawyers at top law firms

30 I Regional Law Firms I General Counsel at MID-CAP corporations June 18 June 23 Editorial Calendar    

Issue Date Special Features Bonus Distribution Closing Dates Directory Space Material July 7 I Litigation Management (In-House) I American Association of Justice (Formerly June 25 June 30 Litigation Dept. Head Profiles ATLA) Annual Conference July 12-16

14 I Research I American Association Law Libraries July 2 July 7 Annual Meeting July 13-15, Portland, OR

21 I White Collar Crime ( In-House) I Corporate Governance Officers, July 9 July 14 Expert Witness Directory Corporate Compliance Officers, Recruiters Directory General Counsel and Risk Managers at the Fortune 500

28 International Arbitration (In-House) I National Bar Association Annual Meeting July 16 July 21 July 28-August 4, Atlanta, GA I Heads of Litigation at the Fortune 500

August + 4 I American Bar Association I American Bar Association Convention July 23 July 28 Convention August 7-12, New York, NY

I 6 I Special Issue: Supreme Court Litigation Practice Group Heads at the July 23 July 28 nation's largest firms Review I Heads of Litigation at the Fortune 500 I Appellate Practice Group Leaders at the nation's largest firms

I 11 I Health Care Law Managing Partners at the nation's July 30 Aug. 4 largest law firms I General Counsel at the Fortune 500

I 18 I Intellectual Property Law Members of the American Intellectual Aug. 6 Aug. 11 CLE Directory Property Law Association (AIPLA) I Intellectual Property Owners Annual Conference September 21-23, San Diego, CA

I 25 I Electronic Discovery (In-House) International Legal Technology Association Aug. 13 Aug. 18 Annual Meeting August 25-28, Dallas, TX September 1 I Asia Practice I General Counsel at top corporations of Aug. 20 Aug. 25 APEC member nations

8 I Law Schools I Members of the National Association of Aug. 27 Sept. 2 Law Placement (NALP) I Law Libraries at law schools nationwide I Managing Partners and Recruiting Officers at the nation's largest law firms + 15 I Who Represents Corporate America I Intellectual Property Owners Annual Sept. 3 Sept. 8 (In-House): The law firms represent- Conference September 21-23, San Diego, CA I Members of the Association of Corporate ing the nation's largest companies Counsel (ACC) I + Also appearing in General Counsel at the Fortune 500 New York Law Journal. 22 I Supreme Court Preview I Litigation Practice Group Heads at the Sept. 10 Sept. 15 Please contact your nation's largest firms account representative I Heads of Litigation at the Fortune 500 for special rates I Appellate Practice Group Leaders at the nation's largest firms 29 I Labor & Employment (In-House) I Members of the Society for Human Labor & Employment Practice Profiles Resources Management (SHRM) Sept. 17 Sept. 22 I General Counsel at the Fortune 500 Editorial Calendar    

Issue Date Special Features Bonus Distribution Closing Dates Directory Space Material October 6 I Plaintiff’s Hot List I Members of the American Association Sept. 24 Sept. 29 Plaintiff Hot List Hall of Fame of Justice (Formerly ATLA) I International Bar Association October 12-17, Beunos Aires, Argentina

13 I Intellectual Property Law I Licensing Executive Society, Oct. 1 Oct. 6 October 13-19, Orlando, FL I Managing Partners at the nation's largest law firms I General Counsel at the Fortune 500

20 I Diversity I Corporate Governance Officers, Corporate Oct. 8 Oct. 13 CLE Directory Compliance Officers, General Counsel and Risk Managers at the Fortune 1000 I Association of Corporate Counsel Annual Meeting October 20-22, Seattle, WA

+ 27 I Federal Court Review I Litigation Practice Group Heads at the Oct. 15 Oct. 20 nation's largest firms I Heads of Litigation at the Fortune 500 I Appellate Practice Group Leaders at the nation's largest firms November 3 I Antitrust I General Counsel at the Fortune 500 Oct. 22 Oct. 27

10 I NLJ 250: Annual Survey of the I Managing Partners at the nation's Oct. 29 Nov. 3 Ad-Q Study Nation's Largest Law Firms largest law firms I Litigation Support Directory General Counsel at the Fortune 500 Recruiters Directory

17 I Corporate Governance (In-House) I Corporate Governance Officers, Corporate Nov. 5 Nov. 10 Compliance Officers, General Counsel and Risk Managers at the Fortune 1000

24 I ADR I Heads of Litigation at the Fortune 500 Nov. 12 Nov. 17 ADR Directory

December

1 I Intellectual Property Law I Members of the American Intellectual Nov. 19 Nov. 24 IP Practice Profiles Property Law Association (AIPLA) I In-House IP Counsel at Fortune 500

8 I Billing Survey (In-House): Survey I Corporate Governance Officers, Corporate Nov. 26 Dec. 1 of billing rates for attorneys Compliance Officers, General Counsel and Risk Managers at the Fortune 1000 Labor & Employment Practice Profiles + Also appearing in CLE Directory New York Law Journal. Please contact your 15 I Electronic Discovery I In-House Litigation Counsel at Dec. 3 Dec. 8 account representative Fortune 500 for special rates I Litigation Support Managers at NLJ 250

22 I Lawyer of the Year I General Counsel at the Fortune 500 Dec. 10 Dec. 15 I Members of the American Association of Justice (Formerly ATLA) 2008 New Jersey Law Journal Editorial Calendar and Writers’ Guidelines Topic Draft Due Date Publication Date Bankruptcy Law December 3 January 14 Professional Malpractice December 10 January 21 Real Estate, Title Insurance & Construction December 17 January 28 Law Office Technology & E-Discovery December 21 February 4 Estate Planning December 28 February 11 Law Office & Trust Account Management January 3 February 18 Environmental Law January 7 February 25 Employment & Immigration Law February 4 March 17 Real Estate, Title Insurance & Construction February 11 March 24 Alternative Dispute Resolution February 18 March 31 Intellectual Property & Life Sciences March 3 April 14 Local Government & Public Finance Law March 10 April 21 Summer Associates Guide April 21 June 2 Complex Litigation & E-Discovery May 5 June 16 Real Estate, Title Insurance & Construction May 12 June 23 Wealth Management June 2 July 14 Environmental Law June 9 July 21 Medical Malpractice June 23 August 4 Family Law June 30 August 11 Corporate Law July 7 August 18 Law Office Technology & E-Discovery July 14 August 25 Health Care Law August 4 September 15 Personal Injury Law (Top 20 Awards) August 11 September 22 Intellectual Property & Life Sciences September 1 October 13 Real Estate, Title Insurance & Construction September 8 October 20 Workplace Injuries September 22 November 3 Wealth Management September 29 November 10 Environmental Law October 6 November 17 Employment & Immigration Law October 27 December 8 Product Liability & Toxic Torts November 3 December 15 Writers’ Guidelines:

Proposals: Article ideas should be submitted to Bridget Bosworth by email. Please provide a one or two paragraph synopsis of the article you wish to write, including the cases or statutes you plan to discuss. If the author or firm was involved in a matter discussed in the article, the precise involvement must be disclosed.

Format: Articles (for a supplement or the In Practice section) must be 1,500 words or less with no footnotes (any necessary citations may be placed in the body of the article).

Submissions: Submissions should be made by email; MS Word format is preferred. Please include the author’s full name, firm, position (partner, associate, etc.) and practice group. We do not run photos.

In Practice: The Law Journal publishes two attorney-authored substantive law articles each week in Case and Analysis, Section 2. Topics vary each week and due dates are individually assigned. Please contact Bridget Bosworth for more information.

Management & Legal Tech: The Law Journal publishes outside-authored articles in the Management and Legal Tech columns. These columns are open to attorney and non- attorney authors (i.e. law firm office managers, IT managers, legal librarians, etc.) For more information on these columns, please contact Bridget Bosworth.

Please feel free to call or email with any questions.

Bridget Bosworth Law Editor [email protected] 973.854.2942 (v) 973.642.0920 (f) 2008 Editorial Calendar NEW YORK LAW JOURNAL EDITORIAL CALENDAR 2008 Issue Special Bonus Space Material Date Report Distribution Closing Deadline January 7 14 Real Estate Board of Tabloid Pullout ◆ New York Real Estate Board Dinner January 3 January 7 New York Section January 17, New York, NY

22 Intellectual Property Law Tabloid Pullout ◆ American Intellectual Property Law January 10 January 15 Section Association (AIPLA) Mid-Winter Meeting, January 23-26, Phoenix, AZ

28 New Partners Tabloid Pullout ◆ Corporate Counsel at the largest metro area January 17 January 21 Section companies, including Fortune 500

NY State Bar Annual Broadsheet Section ◆ NY State Bar Annual Convention, Convention Issue January 28-February 2, New York, NY

Tabloid Pullout ◆ LegalTech New York February 5-7, New York, NY 4 Law & Technology January 24 January 28 February Section

11 Trusts & Estates Broadsheet Section ◆ Lawyers specializing in Trusts & Estates January 31 February 4

19 Litigation Tabloid Pullout ◆ Members of the New York State Trial Lawyers February 7 February 11 Section Association Expert Witness Directory ◆ Members of the Association of Legal January 25 Administrators (ALA) ◆ Heads of Litigation at top New York corporations

New York Law Journal Magazine ◆ Corporate Counsel at the largest metro area January 24 January 28 25 Magazine: companies, including Fortune 500 Women in the Law ◆ Top 100 law firms in the New York metro area Directory of Top Metro January 17 Recruiters January 24 January 28 CLE Calendar

◆ Members of the National Association of 3 Corporate Restructuring & Broadsheet Section February 21 February 25 March Bankruptcy Bankruptcy Trustees (NABT) ◆ Lawyers specializing in Bankruptcy Law ◆ Corporate Counsel at the largest metro area companies, including Fortune 500

10 Electronic Data Discovery Tabloid Pullout ◆ ABA Tech Show, March 13-15, Chicago, IL February 21 February 25 ✰ Section ◆ Legal Marketing Association (LMA) Annual Meeting March 12-15, Los Angeles, CA

17 Real Estate & Title Broadsheet Section ◆ Members of the American Land Title March 6 March 10 Insurance Trends Association (ALTA), New York Chapter

24 Book of Lists: Magazine ◆ MCCA Annual CLE Expo March 26-28, February 19 February 26 Rankings of NY law Chicago, IL firms & law departments ◆ Corporate Counsel at the largest metro area companies, including Fortune 500 ◆ Top 100 law firms in the New York metro area

31 Mergers and Acquisitions Broadsheet Section ◆ General Counsel at the largest metro area March 20 March 24 companies ◆ M&A Lawyers at top metro area law firms

7 Litigation Tabloid Pullout ◆ Members of the Association of Legal March 27 March 31 April Section Administrators (ALA)

14 Appellate Hot List Tabloid Pullout ◆ Members of the New York State Trial Lawyers March 28 April 2 Section Association ✰ ◆ Heads of Litigation at top New York corporations

21 Intellectual Property Law Tabloid Pullout ◆ In-House IP Counsel at Fortune 500 April 10 April 14 Section

28 Asset Valuation Tabloid Pullout ◆ Legal Sales and Service Organization (LSSO) April 17 April 21 Section Annual Conference, May 6-8, Boston, MA Directory of Appraisers April 4 ✰Also appearing in The National Law Journal. Special sections appearing in both The National Law Journal and New York Law Journal are just 25% above standard rates. NEW YORK LAW JOURNAL EDITORIAL CALENDAR 2008 Issue1 Special Bonus AprilSpace 19 Material April 22 Date Report Distribution Closing Deadline May 1 Law Day Broadsheet Section April 18 April 23 5 New York Law Journal Magazine ◆ Association of Legal Administrators (ALA) Annual March 31 April 7 Magazine: Meeting May 5-8, Seattle, WA Law Firm Recruiting ◆ National Association of Legal Search Consultants Annual Meeting May 8-10, Hollywood, FL ◆ March 31 Directory of Top Metro Members of the New York State Trial Lawyers Association Recruiters ◆ Heads of Litigation at top New York corporations

12 Investigations & Computer Tabloid Pullout ◆ American Intellectual Property Law Association May 1 May 5 Forensics Section Spring Meeting May 14-16, Houston, TX ◆ International Trademark Association (INTA) Annual Meeting May 17-21, Berlin, Germany

19 Complex Litigation Tabloid Pullout ◆ Corporate Counsel at the largest metro area May 8 May 12 companies, including Fortune 500 Section ◆ Top 100 law firms in the New York metro area

27 Labor & Employment Broadsheet Section ◆ Members of the Society for Human Resources May 15 May 19 Management (SHRM) New York State Bar Exam Results

◆ Corporate Counsel at the largest metro area April 30 May 7 2 New York Law Journal Magazine June Magazine: companies, including Fortune 500 Summer Associates ◆ Associates of the 100 largest law firms in the NY metro area April 30 May 7 CLE Calendar ◆ Members of the National Association for Law Placement (NALP)

9 Federal Court Review Tabloid Pullout ◆ Special Libraries Association June 15-18, May 31 June 5 Seattle, WA Section ✰ ◆ Corporate Counsel at the largest metro area companies, including Fortune 500 ◆ Top 100 law firms in the New York metro area

16 Litigation Tabloid Pullout ◆ LegalTech West Coast, June 26-27, Los Angeles, CA June 5 June 9 Section ◆ Heads of Litigation at top New York corporations Expert Witness Directory ◆ Members of the Association of Legal Administrators May 25 (ALA) ◆ Biotechnology Industry Organization (BIO) June 17-20, San Diego, CA

23 Real Estate & Title Broadsheet Section ◆ Members of the New York State Trial Lawyers June 12 June 16 Insurance Trends Association ◆ Members of the Association of Legal Administrators (ALA) ◆ Heads of Litigation at top New York corporations

30 Internet & the Law Tabloid Pullout ◆ Members of the New York State Trial Lawyers June 19 June 23 Section Association

7 Securities Litigation & Broadsheet Section ◆ Corporate Counsel at the largest publicly June 26 June 30 Regulation traded companies July ◆ American Association of Law Libraries July 13-15, Portland, OR

14 Environmental Law Broadsheet Section July 3 July 7

21 White Collar Crime Broadsheet Section ◆ Corporate Governance Officers, Corporate July 10 July 14 Compliance Officers, General Counsel and Risk Managers at the largest metro area companies

28 Matrimonial Law Broadsheet Section ◆ National Bar Association (NBA) Annual Meeting July 17 July 21 July 28-August 4, Atlanta, GA ◆ Members of the Family Law Section of the New York City Bar Association

4 American Bar Association Tabloid Pullout ◆ American Bar Association Annual Meeting July 24 July 28 ✰ Convention (ABA) Section August 7-12, New York, NY 11 Labor & Employment Broadsheet Section ◆ Members of the Society for Human Resources July 31 August 4 August Management (SHRM) ◆ Members of the Association of Legal Administrators (ALA) 18

25 ◆ New York State Land Title Tabloid Pullout New York State Land Title Convention, 8/24-8/27, August 6 August 11 Trends Section White Sulpher Springs, VA ◆ Members of the New York State Trial Lawyers Association Litigation Tabloid Pullout August 14 August 18 Section ◆ Heads of Litigation at top New York corporations ◆ International Legal Technology Association Annual Meeting August 25-28, Dallas, TX ✰Also appearing in The National Law Journal. Special sections appearing in both The National Law Journal and New York Law Journal are just 25% above standard rates. NEW YORK LAW JOURNAL EDITORIAL CALENDAR 2008 Issue Special Bonus Space Material Date Report Distribution Closing Deadline

2 Court of Appeals Tabloid Pullout ◆ Corporate Counsel at the largest metro area August 21 August 25 September Section companies, including Fortune 500 New York Law Journal Magazine ◆ Members of the National Association for Law July 30 August 6 Magazine: Placement (NALP) First Year Associates ◆ Associates of the 100 largest law firms in the NY metro area Directory of Top Metro July 21 Recruiters CLE Calendar July 30 August 6

8 Corporate Restructuring & Broadsheet Section ◆ Members of the National Association of Bankruptcy August 28 September 1 Bankruptcy Trustees (NABT) ◆ Lawyers specializing in Bankruptcy Law ◆ Corporate Counsel at the largest metro area companies, including Fortune 500

15 Climate Change Tabloid Pullout ◆ Intellectual Property Owners Annual Meeting September 4 September 8 Section September 21-23, San Diego, CA ◆ Members of the National Association for Law Who Represents Corporate Tabloid Pullout Placement (NALP) September 4 September 8 America Section ◆ Top 100 law firms in the New York metro area ✰ ◆ Members of the National Association of Legal Search Consultants

22 Trusts & Estates Broadsheet Section ◆ Lawyers specializing in Trusts & Estates September 11 September 15

29 Real Estate & Title Broadsheet Section ◆ Members of the American Land Title Association September 18 September 22 Insurance Trends (ALTA), New York Chapter

October 6 Litigation Tabloid Pullout ◆ Members of the New York State Trial Lawyers September 25 September 29 Section Association Expert Witness Directory ◆ Heads of Litigation at top New York corporations September 14 ◆ Members of the Association of Legal Administrators (ALA) ◆ International Bar Association October 12-17, Buenos Aires, Argentina

14 Intellectual Property Law Tabloid Pullout ◆ Licensing Executive Society (LES) October 13-19, October 2 October 6 Section Orlando, FL

20 New York Law Journal Magazine ◆ American Intellectual Property Law Association September 15 September 22 Magazine: Annual Conference, October 23-25, Washington, D.C. Law Firm Management ◆ Association of Corporate Counsel, October 20-22, Seattle, WA ◆ Corporate Counsel at the largest metro area companies, including Fortune 500 ◆ Top 100 law firms in the New York metro area

27 E-Discovery Tabloid Pullout ◆ Litigation practice group leaders at the largest metro October 16 October 20 Section area law firms ◆ Federal Court Review Corporate Counsel at the largest metro area ✰ Tabloid Pullout companies, including Fortune 500 Section ◆ Top 100 law firms in the New York metro area ◆ General Counsel at the largest metro area companies

3 Construction Law Tabloid Pullout October 23 October 27 November Section

10 NLJ 250 Tabloid Pullout ◆ Managing Partners at the nation's largest metro October 31 November 5 ✰ Section area law firms ◆ General Counsel at the Fortune 500

17 Corporate Governance Broadsheet Section ◆ Corporate Governance Officers, Corporate Compliance November 6 November 10 New York State Bar Exam Results Officers, General Counsel at the Fortune 500

24 Real Estate & Title Broadsheet Section ◆ Members of the American Land Title Association November 13 November 17 Insurance Trends (ALTA), New York Chapter

1 Litigation Tabloid Pullout ◆ Members of the New York State Trial Lawyers Association November 20 November 24 December Section ◆ Heads of Litigation at top New York corporations ◆ Members of the Association of Legal Administrators (ALA)

8 New York Law Journal Magazine ◆ Corporate Counsel at the largest metro area November 6 November 13 Magazine: companies, including Fortune 500 NYLJ 100 ◆ Top 100 law firms in the New York metro area Directory of Top Metro Recruiters October 23 CLE Calendar October 31 November 4

15 Health Care Broadsheet Section December 4 December 8 ✰Also appearing in The National Law Journal. Special sections appearing in both The National Law Journal and New York Law Journal are just 25% above standard rates. Weekly Sections

monday Verdicts & Settlements Summaries of recently reported verdicts and settlements from New York state and federal courts, as compiled by the New York Jury Verdict Court Reporter. Coverage includes the settlement or verdict amount, names of attorneys and the court of issue. Once a month, the page features special coverage within a particular practice area.

tuesday Technology Features and columns dealing with law firm technology for firms of all sizes. Includes Web Watch, highlighting a different site each week that is of special interest to attorneys.

Long Island Weekly Insightful digest of the latest local developments in Nassau and Suffolk Counties.

wednesday Real Estate Update Covering a host of real estate issues - from rent regulations, financing and taxation to environmental law, zoning and land title and a roundup of recent court rulings. Includes Real Estate Marketplace, a look at some of the city's more interesting real estate deals and the lawyers who help make them happen.

thursday Corporate Update News, columns and features for the corporate lawyer and in-house counsel, as well as a look at the lawyers behind new deals.

friday Back Page A section dedicated to associates and the younger generation of lawyers. Featuring news, columns and profiles, with a look at the lighter side of life in the law. The New York metro area serves as a major hub for some of the world’s most active corporations. As such, New York attorneys — both in the legal departments of these companies and in the law firms that serve them — need to stay on top of the legal, regulatory and business developments affecting their future. Whether it be coverage of evolving compliance laws, commentary on the evolving role of in-house attorneys, or analysis of what is working in the legal departments of corporate America, these professionals demand up-to-date, substantive information.

GC New York’s integrated coverage delivers important news to the area’s legal professionals through three different media channels:

In Print As a monthly section in the New York Law Journal, GC New York shines the spotlight on critical developments with feature stories and invaluable updates devoted to this important segment.

Online GCNewYork.com will provide up-to-date content as well as archives of past print issues of GC New York. The web site is free to all registered users.

ENewsletter Registered users of GCNewYork.com will receive a regular monthly email newsletter with headlines, highlights and links to the web site content. Additional Features monday tuesday wednesday thursday friday Domestic Relations Law Antitrust Trade and Practice Appellate Practice Antitrust Communications and Media Law Second Monday, odd months Third Tuesday, every month First Wednesday every month Fourth Thursday, every month First Friday, even months (except June, July & August) Copyright Law Employment Law Computer Law Arbitration Banking May, July, August, November Third Friday, odd months First Monday, even months Second Tuesday, every month Third Wednesday, every month (except June) Eastern District Roundup Bankruptcy Second Friday, every month Estate Planning and Philanthropy Commercial Law Third Thursday, odd months Second Wednesday, every month Fourth Monday, even months Insurance Law Employee Benefits Law Second Tuesday, odd months Business Crime Third Friday, every month Condemnation and Tax Certiorari Second Thursday, even months Family Law Fourth Wednesday, even months Entertainment Law Second Monday, even months Technology Fourth Friday, every month Every Tuesday Commodities and Securities Litigation Cooperatives and Condominiums Third Thursday, even months First Wednesday, odd months Environmental Law Immigration Law Fourth Friday, every month Fourth Monday, every month Medical Malpractice Corporate Update First Tuesday, every month Corporate and Securities Litigation Every Thursday Second Wednesday, even months Evidence Second Friday, even months International Litigation Franchising Fifth Monday, every month Professional Liability Patent and Trademark Law Fourth Thursday, every month Second Tuesday, even months Fourth Wednesday, odd months Labor Relations First Friday, even months International Arbitration New York Practice Real Estate Marketplace Public Interest Law First Thursday, even months Third Monday, odd months Every Wednesday Third Tuesday, odd months New York Court of Appeals Roundup Real Estate Securities Pro Bono Digest Second Thursday, every month First Wednesday, even months First Monday, odd months Trial Practice Fourth Tuesday, every month Securities Regulation Real Estate Update Third Thursday Products Liability Every Wednesday April, June, August, October Second Monday, every month White Collar Crime First Tuesday, every month Realty Law Digest Southern District Civil Practice Roundup Every Wednesday First Thursday, even months Professional Responsibility First Monday, odd months Second Circuit Review Tax Litigation Fourth Wednesday, every month Third Thursday, odd months Tax Tips First and third Monday, every month

Additional Columns

Aviation Law Federal Discovery Tax Appeal Tribunal Every other month Monthly Quarterly

Civil Liberties Health Law Western District Roundup Six times a year Odd months Quarterly

Commercial Insurance Intellectual Property Northern District Roundup Six times a year Every other month Three times yearly Corporate Governance Six times a year Sentencing Guidelines Law & Children Quarterly Odd months Directors and Officers Liability Six times a year Trial Advocacy Law, Trusts & Estates Every other month Odd months Elder Law Quarterly Trusts & Estates Update Matrimonial Law Odd months Odd months Executive Compensation Five times a year Wills, Estates & Surrogate’s Practice Surrogate’s Practice & Proceedings Occasional Quarterly ILTA | Contribute to Publications http://www.iltanet.org/communications/content_page.aspx?nvID=0...

Peer to Peer Magazine White Papers and Surveys One of ILTA's most valued resources is our volunteer authors - knowledgeable and experienced Past Meeting Transcripts legal professionals who come from the ranks of our member and vendor communities. It's the Contribute to Publications wealth of educational content that comes from folks out in the trenches that is so valuable to our readers; and we are grateful to our authors for taking the extra time and effort to write down and share the information and experience they've acquired.

If you'd like to contribute an article to ILTA, we want to help you both in getting your idea approved and in ensuring that your piece is published in the best possible light. It's truly a win-win proposition: you and your firm or company get exposure to the most attentive audience in the world - and we get to publish articles that keep our readers informed, educated and coming back for more.

2008 Editorial Calendar

PEER TO PEER Full-length article: 1,500 words max. (750 to 1,000 word range works best) Sidebar: 500 words

February - Project Management Submission Deadline - January 15

May - Electronic Data Discovery Submission Deadline - April 15

August - Globalization Submission Deadline - July 3

November - Risk Management/Security Submission deadline - October 15

WHITE PAPERS Full-length article: 3,000 words Sidebar: 500 words

February - Practice Management Support Tools Submission Deadline - January 15

March - Marketing Technologies Submission Deadline - February 15

April - Unified Communications Submission Deadline - March 14

May - Records Management Submission Deadline - April 15

June - Knowledge Management Submission Deadline - May 15

July - Microsoft Submission Deadline - June 13

October - Voice and Data Communications Submission Deadline - September 15

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November - User Support Submission Deadline - October 15

December - Managing Wireless Devices and Services Submission Deadline - November 14

Want to Write for Us?

If you find a theme that interests you, send us a brief description of your idea(s). We run two types of articles in our publications, full-length and sidebar (the word count, themes and deadlines for each publication are shown above).

You'll want to submit your proposal as quickly as possible and in as much detail as possible so that we can determine its suitability for publication and whether it is duplicative of any other. Generally, we have quite a few submissions for articles, and we have to be very selective.

Writing the Article

If your idea is accepted, we'll ask you to sign a letter of agreement that outlines what we provide and what we expect from you.

Submit your finished article to us (in MS Word) on or before the deadline. Please consider this your final draft. We will give you a chance to review the final layout, but we strongly discourage your doing any substantive rewriting beyond this point. If that means you need to take a bit more time to review and polish your article, by all means do so - just please don't miss the deadline.

Things to Remember as You Write

Don't take a canned article and try to shoehorn in our theme's "phrase" to make it appear that you're writing on-topic. Every point made in an article must relate to the theme. We do very occasionally reprint an article previously published by the author - but only if the subject is dead-on to our theme. However, we always prefer original articles for our publications. Write a strong headline. As any newspaper or ad writer knows well, a well-crafted headline is like a carnival barker shouting out your subject to the passing reader. So put a lot of thought into these words; play with them to make your headline as bold and enticing as possible. If you come up with several versions and can't make a choice, send them all to us, and we'll help you pick one or suggest something different. Develop a concept or thesis that you articulate clearly and concisely in the opening paragraph (even opening sentence or sentences), and then deliver points and ideas to explain your concept. Think education, not promotion. Your article must be educational and experiential in nature - no marketing hype whatsoever. Do not spotlight specific products or companies; rather, write about challenges and solutions with technology or administrative procedures (we love case studies). The author will be credited in the byline and in the brief bio in the publication. Keep your audience in mind. Our readers are generally quite sophisticated (CIOs, Senior Systems Engineers, etc.), so very basic pieces are usually not desirable. Stick to the word count. Keep your article at or under the maximum number of words specified for each ILTA publication (see specs above). Avoid flowery or superfluous language and/or terminology that may confuse the reader. An intelligent, straightforward writing style works well in our publications.

Use subheads and bullet lists. These make good, "quick information" tools. Craft a strong closing. Don't let your article merely wind down - conclude it with a strong subhead and paragraph (even if it's only a few sentences). This is your last chance to leave your reader with something you want him/her to remember - take full advantage of it. Include an author bio. Along with your article, send us a 50- to 75-word bio that includes your title, job responsibilities, company and contact information (phone and/or e-mail address).

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You write - we'll edit. While some grammar and syntax rules are universal, your corporate style may be different from ILTA's. So while we don't tell you how to write your article, we do exercise the right to edit it to our style, when necessary. Contact us anytime if you have questions or need help.

When the Publication Comes Out

As soon as the publication is printed and/or posted on our website, we'll send you a final PDF of it to use for your own reprint purposes which includes reprint permission language. We will also mail you several complimentary copies of the printed publication in which your article appears.

We hope you find this information helpful, both in getting your idea accepted and in writing your piece; and we look forward to seeing your byline in Peer to Peer or a white paper soon.

If you are interested in submitting an article to be considered for an upcoming publication, e-mail Ken Hansen, or call him at (512) 795-4667.

3 of 3 1/14/08 11:51 PM Submission Guidelines Appendix

Submission Guidelines

Compiled by Ari Kaplan [email protected] (646) 641-0600 Law Practice Magazine Author Guidelines Writers Wanted! Law Practice magazine is the leading source of practical information aimed at helping lawyers master the business of practicing law. We bring readers insight and fresh advice on marketing, management, technology, finance and more, incuding profiles of leaders in the practice management and legal technology arenas. We publish articles that offer practical information lawyers can use to improve their practices, and their lives.

General Guidelines AUDIENCE COPYRIGHT AND AUTHOR’S AGREEMENT Articles should be addressed primarily to Authors will be required to sign an Warranty and the needs of practicing lawyers, law firm American Bar Association publication Representation leadership, and legal executives. agreement granting exclusive first publication rights to the ABA. (See Warranty By submission of an article to Law Practice, ARTICLE LENGTH and Representation at right.) the author warrants and represents that the Subject matter will be important in deter- author has included no material in the article in mining length. Articles can vary in length EDITORIAL DECISIONS violation of any rights or any other person or from 500 to 3,000 words. Articles are judged by the relevance of the entity and that the author has disclosed to topic, the value of the content and the the Law Practice Editorial Board all relation- FOCUS quality of writing. The Editorial Board ships with any person or entity producing any We find the best articles have a narrow and strives to present a variety of topics to product or providing any service referred to in clear focus. An article on personal comput- readers, and so articles may be rejected the article. ers is too broad in scope, while an article on because of overlap with other articles the use of a specific type of software for the Authors of accepted articles are asked to sign already accepted. Articles that promote a a Publication Agreement, which includes the law office could fit the bill. An article on the particular vendor’s product or service are generalities of solo practice is too broad, author’s warranty that the work is original and discouraged. The Editorial Board cannot does not infringe on the rights of others. while an article on marketing techniques provide authors with the reasons for deci- for solos could be appropriate. sions made by Board members. The author is responsible for obtaining permission to use substantial quotations or other STYLE SUBMITTING BYLINED ARTICLES: material from previously published works in the Writing style should be light and enjoy- HOW WE HANDLE AND REVIEW article. Contact [email protected] for able. Technical topics should be tailored MANUSCRIPTS requirements. to general readership. How-to articles and Law Practice accepts unsolicited manu- Written permission grants, if necessary, from checklists are encouraged. Citations scripts, or bylined articles, for review. should be incorporated into text, not copyright owners of the material should be Please refer to the Editorial Calendar for submitted with the Publication Agreement. placed in footnotes or endnotes. guidance on the editorial themes of Note: To obtain Reprint Permission, go to SIDEBARS AND “ACTION BOXES” upcoming issues. All articles and queries should www.lawpractice.org/magazine and click on We encourage short sidebars, with check- the Reprint Permission button. lists, tips and resources, to accompany fea- be sent to Managing Editor tures. Please include references to relevant Joan Feldman ([email protected]) books, Web sites, vendor or product infor- and Editor-in-Chief David Bilinsky mation and other research sources for ([email protected]). The Editorial Board and the Editors “action boxes.” For information about the editorial con- review articles throughout the year. tent of each issue, visit the ABA Law PAYMENT FOR ARTICLES Once an article has been reviewed, the Practice Management Section’s Web site Law Practice generally does not pay author will be notified of the article’s at www.lawpractice.org, where you can authors for articles. acceptance or rejection, or whether also view the current issue of the maga- revisions may be needed. Authors will zine. Members of the LPM Section can COMPLIMENTARY COPIES subsequently be notified when their access past issue archives. Each author will receive five complimen- articles are slated for publication in a tary copies of the issue in which the specific issue of the magazine. author’s article appears. www.lawpractice.org ABA Law Practice Magazine How to Contact Us

Editorial and Advertising Contacts

Editor-in-Chief: David Bilinsky, [email protected]

Managing Editor: Joan Feldman, [email protected]

Editor: Joy M. White, [email protected]

Art Director: Mark S. Feldman, [email protected]

ABA Advertising Business Manager: Anne Bitting, (312) 988-6115, [email protected]

What Would You Like to Do?

• To Submit an Article or a Query: [email protected]

• To Submit a Product News Announcements: [email protected]

• To Submit Press Releases: [email protected] and [email protected]

• To Advertise in Print and on the Web: Anne Bitting, (312) 988-6115; [email protected]

• To Obtain Sponsorship Information for ABA Law Practice Management Section Programs and Products, Including ABA TECHSHOW: Larry Smith, [email protected]

• To Subscribe to Law Practice Magazine: Call (800) 285-2221 or subscribe online at www.abanet.org/lpm/magazine/mag_subscribe.shtml

• To Join the ABA Law Practice Management Section—and Receive a Subscription to Law Practice Magazine as a Membership Benefit: (800) 285-2221; www.lawpractice.org

Reprint Permission

The material in Law Practice magazine is copyrighted and may be reprinted and/or reproduced by permission only. In some cases, a fee may be charged. To protect the integrity of our authors’ work we require that articles be reprinted unedited in their entirety. For reprint permission, go to www.lawpractice.org/magazine and click on the “Reprint Permission” button to complete the online permission form or visit www.copyright.com. Please note that the ABA Copyrights & Contracts Department makes every effort to respond in a timely manner and tries to accommodate special circumstances. The standard response time is approximately 10 business days, if all information is received in advance. You may complete the ABA’s online permission request form, or print out the form and mail or fax it to: Manager, Copyrights & Licensing, American Bar Association, 321 North Clark Street, Chicago, IL 60610-4714, FAX: (312) 988-6030, e-mail: [email protected].

www.lawpractice.org ABA Law Practice Magazine 2008 Schedule & Themes

ISSUE FEATURE FOCUS AD CLOSING ARTICLE SUBMISSIONS MAIL DATE

January/ Marketing and Technology Nov. 7 Sept. 17 — Oct. 29 Jan. 2 February • Technology Tools to Market Your Practice: Competitive (Materials Intelligence, Social Networking, CRM and More Close: Nov. 20)

March ABA TECHSHOW® Issue Jan. 4 Nov. 12 — Dec. 21 Feb. 26 • Top Tech Tips for Marketing, Managing, Finance and More (Materials • Annual ABA TECHSHOW Exhibitor Directory Close: Jan. 16)

April/May The Law Firm Administrators Issue Feb. 6 Dec. 17 — Jan. 28 March 31 • What Administrators Wish Lawyers Knew (Materials • How to Hire Your First (Or Next) Administrator Close: Feb. 21)

June Talent April 7 Feb. 8 — March 13 May 23 • Hiring, Training & Retaining in the New Marketplace: Trends (Materials Close: in Mandatory Retirement, Diversity Management and More Apr. 16) • Technology’s Role in Recruitment and Retention

July/ The International Issue May 8 March 17 — April 26 June 30 August (Materials • Expanding Your Practice Across Borders Close: May 21) • Technology in the Global Legal Marketplace

September Law Firm Finance July 1 May 5 — June 13 Aug. 18 • Systems for Capturing More Time, Effort and Dollars (Materials Close: July 10) • Marketing: Benchmarking, Budgets and ROI

October/ Leadership Aug. 1 June 16 — July 28 Sept. 29 November • Choosing Leaders (Materials Close: Aug. 20) • Promoting Diversity

December Change Management Oct. 3 Aug. 4 — Sept. 12 Nov. 24 • Leading through Crisis (Materials Close: Oct. 9) • Starting a Revolution: How to Bring Change to Your Firm

LAW PRACTICE magazine is dedicated to helping legal professionals master all aspects of the business of practicing law. We bring readers advice on marketing, management, technology and finance directly from the Award-Winning Magazine preeminent voices in the profession. Law Practice has been the flagship publication and number-one member benefit of the ABA Law Practice Management Section (LPM) for more than 30 years, reporting on breakthrough technologies and management and marketing trends, and providing how-to advice and hands-on tips. ABA LPM members and magazine subscribers are practicing lawyers, administrators, executives and decision makers from firms of all sizes, as well as the profession’s top influencers, consultants and advisors. Frequency: 8 times per year Publisher: American Bar Association Law Practice Management Section.

To Advertise: (312) 988-6115; [email protected] Article Submissions, Queries and Product News: [email protected] and [email protected] Subscription Information: Subscribe at www.abanet.org/lpm/magazine/mag_subscribe.shtml or call (800) 285-2221.

www.lawpractice.org Docket Editorial Guidelines - Association of Corporate Counsel (ACC) http://www.acc.com/php/cms/index.php?id=330

To access member features, login. Home | Join ACC | About ACC | Site Map | Help

Search ACC Worldwide United States Home » Publications & News » ACC Docket » Docket Editorial Publications Guidelines & News Docket Editorial Guidelines ACC Represents ACC Docket 23,747 Members 10,317 Organizations European 75 Countries

Briefings About the ACC Docket Canadian Who Can Write for the Docket? Briefings Article Style and Topics Editorial Editorial Calendar Calendar How Long Until I Get a Decision on my Docket Editorial Article Proposal? Guidelines How Does the Article Development Process Work? Back Issues Can I Get Author Reprints? Subscribe Manuscript Specifications Listservs Contact the Editor in Chief Advertise with Us InfoPAKs International Practice Almanac Mobile Edition Blogs ACC Top Ten About the ACC Docket News Feeds PLC Cross-Border The award-winning ACC Docket is the journal of the Magazine Association of Corporate Counsel (ACC). It is the premier Books publication for in-house counsel, featuring practical articles that they can apply to their daily practice. The Leading Practice Docket has a circulation of more than 35,000 readers Profiles worldwide, including ACC members, corporate counsel Newsletters practicing in law firms, and law students. Canadian Lawyer INHOUSE Who Can Write for the Docket?

All Docket feature content is written by in-house attorneys. Author teams of both outside counsel and in-house counsel are also acceptable. Membership in ACC is not a prerequisite for authorship. Articles that are self-promotional will not be accepted. Manuscripts must be the original work of the author(s) and not previously published or simultaneously submitted to another publication.

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Article Style and Topics

Successful Docket articles are sophisticated how-to articles. They provide practical, nuts-and-bolts information that can be directly applied by in-house counsel in their daily practice. For example, an article on what in-house counsel should do to respond to a recent important court decision would probably get published, but an article merely about the court's reasoning most likely would not.

Target audience: The majority of ACC's members—and therefore Docket readers—are attorneys in law departments of twenty or fewer attorneys. A substantial number of this group is also the only attorney employed by their company. Write your article with this important segment of ACC's membership in mind, and you will not go wrong.

ACC Docket authors are often advised to make their opening paragraph compelling, using an example or highlighting an experience. Such scenarios can vividly highlight the issue facing companies, and underline the importance of it. The lead paragraph should grab the reader's attention and say, "This is an issue you could soon face—and you better be prepared to deal with it."

The tone of a Docket article should be that of one experienced colleague giving advice to another colleague. Use of the second person (you) in addressing your audience is acceptable, and goes a long way toward establishing a rapport with your readers.

Browsing through back issues is also a great way to gain an understanding of appropriate article topics and writing style. Members and subscribers can search back issues online by clicking on the link below:

Back Issues

Non-members — view sample articles:

Joint Ventures in Asia: When You’ve Reached the End of the Road Triple Time: Three Hot Ideas for Improving In-House Law Departments Five Ways In-house Counsel Can Talk to Law Firms Through the Looking Glass: Ten Lessons from Corporate Counsel on Trial

Prospective authors should also refer to the editorial calendar for sought-after topics and submission deadlines, and discuss their intent to write with the editor-in-chief be emailing her at [email protected] or by phone at 202.293.4103 x320.

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How Long Until I Get a Decision on my Article Proposal?

Response time can vary, from a week to several months. Issue development starts approximately six months in advance and therefore it's best to make an article proposal six or seven months prior to the issue in which it is most likely to fit (see the editorial calendar for monthly topics).

How Does the Article Development Process Work?

There are three major steps to developing a Docket article.

Step 1: Submit a Detailed Description of Your Article's Topic and Focus The first step in the manuscript development process is submitting a detailed outline and executive summary or first draft. Submissions via email are STRONGLY encouraged, but you can also contact the editor in chief by phone to discuss any potential topics informally (202.293.4103, x320). The more details included in your description, the better your chances of preliminary acceptance are. Also, be specific in your focus. An article proposal on potential ethical pitfalls of Sarbanes-Oxley isn't likely to get accepted, but an article covering five common ethical traps that have emerged since the 2002 enactment of the Sarbanes-Oxley Act—and how to avoid them—is. You are strongly encouraged to include a fully developed introduction, which states the article's thesis, and a proposed conclusion.

Step 2: Write Your Draft Once the editor has given her preliminary approval for a proposal, authors should proceed with an article draft. Depending upon when the proposal was submitted and which issue the article is tentatively slated for, you will have anywhere from three weeks to three months to submit a draft. Articles are usually 4,000 to 5,000 words. Be sure to include sidebars in your article. Useful sidebars include checklists, sample forms and policies, case studies, real-life examples, etc. Samples deemed too long to include in print will be incorporated in the online version of the article. Sidebars should not be an afterthought—they function not only to make your article visually interesting, but more importantly they help to draw readers into your work, making complex information

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easier to digest. At a minimum, authors need to supply a listing of resources for readers who want to delve deeper into your topic. Useful, author-recommended resources may include books, periodicals, and websites. A brief, one-line description should be provided with each resource listed.

Step 3: Revise and Finalize Once submitted, your draft will be subject to review by the Docket's editorial team. In about two weeks, you will receive back a line-edited article, and possibly an overall critique containing suggestions for further developing your article. The edits will include revisions for house style, grammar, accuracy, and flow. When necessary, the editorial staff may do substantial, but not radical, rewriting and editing. Authors will have approximately one month to revise their article draft in accordance with the editors' comments. Authors receive a copy of the revised manuscript—including queries—for review and comment before the article is published. Once you sign off on the final draft, our production schedule really does not allow further review. Any editing after this stage is purely for space purposes and left to the discretion of Docket editors. The editor reserves the right to refuse any submission for any reason. Articles are most commonly rejected because they are not written or co-written by in-house counsel, deal with topics unsuited to in-house practitioners, do not provide sufficient hands-on information, are self-promotional, or project an inappropriate style or tone.

Can I Get Author Reprints?

Certainly. There are different reprint options that depend on how you intend to use the article. All authors receive a low-resolution pdf file of their article, as well as five copies of the print magazine in which the article appears. Low-resolution pdfs work well for posting on websites and passing along to colleagues via email. If you would like additional copies of the magazine, they are available while supplies last, as no additional magazines will be printed.

ACC does not offer reprints of individual articles, but arrangements for bulk reprints and/or high-resolution pdfs suitable for four-color printing can be made through Touch 3 Creative Group. A rate card and further details are available from the editor.

Manuscript Specifications

Author Biographies: All authors must submit a 40-word bio stating her or his current position and relevant experience. Authors

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receive writers' credits and identification of their employment/affiliation at a minimum. Further biographical data is included at the discretion of the editorial staff.

Author Photos: All Docket articles contain photos of authors to accompany their bios. Digital photographs are preferred, but hard copy photographs can also be used. Send a head-and-shoulder color photo of each author to the Docket staff by the time your revised draft is submitted. Digital photos must be high-resolution, at least 300 dpi. If you are using your own digital camera, please check the setting for resolution—low-resolution photos that look fine on a website look grainy and abysmal when printed in four-color format.

Copyright Assignment Every author published in the ACC Docket must fill out their own copyright assignment form. After your draft has been accepted for publication and you have specifically been informed of a publication issue, the Docket¹s editorial staff will prompt you to print, fill out, and sign the form. It can be faxed back to 202.293.4701 (attention Tiffani Alexander, editorial coordinator).

Graphics (charts and other visual material): Submit in EPS, JPG, or TIFF format for a Macintosh computer using Macromedia Freehand 7, Adobe Illustrator, or Adobe Photoshop. We cannot use graphics embedded in Microsoft Word or Microsoft PowerPoint.

Style Guides: The editorial staff follows The Associated Press Style Book, The Chicago Manual of Style, The Blue Book: A Uniform System of Citation for endnotes, and the American Heritage College Dictionary for spelling and general usage. A look at Strunk & White's Elements of Style never hurts, either.

Endnotes: The Docket does not follow a law journal format and therefore excessive footnoting is not encouraged. We discourage more than about 20 footnotes, and particularly frown on lengthy, law-review style explanations of case holdings in footnotes. However, authors' statements must be supported with sources for figures, quotations, paraphrases, and other material drawn from outside resources, as well as for the spellings and definitions of terms of art. We prefer for this material to come in the form of endnotes.

Case cites: For all legal citations, follow the rule 10 of The Blue Book.

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Books: Follow rule 15 of The Blue Book.

Articles: Follow rule 16 of The Blue Book.

Websites: Provide the link to the exact page to which you are referring, not only to the home page.

Contact Information:

Kim Howard Editor in Chief, ACC Docket Association of Corporate Counsel 1025 Connecticut Ave., NW Suite 200 Washington, DC 20036-5425 202.293.4103, ext. 320 fax: 202.293.4701 [email protected]

6 of 6 1/14/08 11:45 PM ALA | American Libraries - How to submit an article http://www.ala.org/ala/alonline/submittingal/howsubmitarticle.cfm

Search American Libraries

Columns Current news Calendar AL Direct AL Focus AL Forum SUBMITTING ARTICLES AND PHOTOS Blogs Table of Contents Last revised December 2006 Resources About American Libraries See this page for information on submitting to the Facilities Feature Contact American Libraries in the April issue. How to contact the editors Advertising American Libraries is ALA's full-color monthly magazine and the Article reprints primary perquisite of membership in the American Library Submitting articles and photos Association. Each issue features articles on professional concerns Get e-mail subscription and developments, along with news of the Association, library-related Annual Indexes legislation, and libraries around the country and the world. Expression of diverse viewpoints and critical interpretation of professional issues make the magazine the premier forum for the exchange of ideas. Annual subscriptions are available to institutions at $60, $70 foreign.

STYLE: Informal, but informative. Factual article must be inviting and readable, with all statements backed by responsible research and interviews. The Chicago Manual of Style (15th ed.)may be used in styling articles for publication. Footnotes are not used, but a few referencesare allowedin the text.

FORMAT: Electronic submissions in Word format are preferred. Submissions should be sent to [email protected]. Hard copies are acceptable and should be doublespaced, letter- or near-letter-quality on plain bond. One copy suffices. Manuscripts must be accompanied by a self-addressed envelope bearing sufficient postage for return. Submissions may also be mailed to American Libraries, 50 E. Huron St., Chicago, IL 60611.

PHOTOGRAPHS: Color photos are preferred for use with manuscripts or as picture stories. High-resolution digital jpeg images (300 dpi, approximate size of 3x5 inches) should be sent to [email protected].

WORD PROCESSING REQUIREMENTS: Manuscripts may be submitted by e-mail, diskette, or CD accompanied by a paper printout of the text. While American Libraries is capable of handling a wide Celebrating 100 Years of AL: The range of word processing programs in both the PC and Mac formats, CentenniAL Blog we prefer that manuscripts be in MS Word for Windows.If submitting a manuscript in another format, indicate the word processing progam Click here to read used. Subscribe to American LENGTH: 600-1,500 words. Libraries Online Features RSS PAYMENT: Honoraria of $100 to $250 are offered for most articles,

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NEW! Welcome to Philly: 2008 paid upon receipt of an acceptable manuscript. Email this page Midwinter Meeting Preview Cite this URL NEW! Midwinter Dining Guide EXCLUSIVE SUBMISSION: It is assumed that no other publisher is or will be simultaneously considering a manuscript submitted to Library Expenditures Increase Print Friendly Version in 2006 American Libraries until that manuscript is returned or written permission is provided by the American Libraries editors. American Libraries: The First 100 Years, a timeline, 1907–2007 RIGHTS: According to the contract provided to authors, exclusive Top Ten Reasons to be a North American rights are retained until three months after publication, Librarian unless another arrangement is made in writing. American Libraries 10 Reasons Why the Internet retains rights to have the published material reproduced, distributed, Is No Substitute for a Library and sold in microform or electronic text. 12 Ways Libraries Are Good for the Country REPRINT POLICY: Permission is usually granted for authors to reproduce their contributions as published in American Libraries. A reasonable number of copies are sent to each author. Special arrangements may be necessary to reproduce illustrations. Custom reprints of articles already published in American Libraries are available from The Reprint Department in Lancaster, Pennsylvania; call 800-259-0470 for pricing information.

ACKNOWLEDGEMENT: Unsolicited manuscripts are acknowledged when received.

REPORTS: The editors try to report on manuscripts within 4-8 weeks. Written reminders from the author after this period are welcome, and usually result in a prompt reply.

PUBLICATION DATE: On acceptance, an estimated date of publication may be provided to the author. Usually manuscripts can be published no sooner than two months after receipt.

EDITING: On accepted manuscripts, the editors reserve the right to make editorial revisions, deletions, or additions which, in their opinion, support the author's intent. When changes are substantial, every effort is made to work with the author.

GALLEYS: Galleys are not provided to the author.

CARTOONS: Cartoons of the highest professional quality that relate to library interests and avoid clichés and librarian stereotypes will be considered. Average payment $50.

ILLUSTRATIONS: Illustrations are commissioned for certain articles and features.

FREQUENTLY ASKED QUESTIONS: A listing of frequently asked questions, including information on diversity coverage, is located at this page.

2 of 2 1/14/08 11:20 PM Submitting a Proposal or Article for Publication

Authors interested in submitting a proposal or an article for publication in the Boston Bar Journal should submit it by e-mail to the Associate Editor, Aaron J. K. Ostrow, at [email protected]. All proposals and articles are subject to review by members of the Board of Editors. All submissions must conform to the guidelines set forth below as well as the specific guidelines applicable to the department of the BBJ for which the proposal is submitted. The Board of Editors, at its sole discretion, may change or modify these guidelines at any time.

Articles should be arranged in the following order: 1. Title 2. Author’s name 3. Acknowledgment of assistance, if applicable or desired 4. Text of article

ENDNOTES (only permitted for Legal Analysis articles) Cases cited should be kept in the text of the article rather than placed in the endnotes. All names of cases should be italicized, not underlined. Endnotes must be a separate file and submitted as an e-mail attachment, not at the end of the article. All endnotes must conform to The Bluebook: A Uniform System of Citation.

BIOGRAPHICAL STATEMENT A short biographical statement (approx. 25 words) must be provided at the time the proposal is submitted. The statement should include the current position(s) or the author(s) and any affiliations with the BBA. Interest in any litigation or other matters discussed in the article should be disclosed. The statement should be created as a separate file and submitted as an e- mail attachment.

ADDITIONAL MATERIALS REQUIRED UPON ACCEPTANCE OF PROPOSAL OR ARTICLE • Photograph: A head and shoulders photograph of the author(s) in black and white or color must be submitted. E-mail attachments are preferred, provided that the resolution of the photograph(s) submitted is at least 300 dpi and the file type is either .jpg or .tif. Portraits taken by professional photographers work best. • Copyright Release: The Authors’ Copyright Release form must be completed and submitted by the author(s) once the proposal or article is accepted for publication.

CHECKING CITATIONS AND SHEPARDIZING Authors are responsible for checking all citations of any case references and footnotes, and for shepardizing any cases referred to in the article.

EDITING Authors are required to proofread their own material and certify that it is accurate, grammatically sound, and free of typographical or spelling errors prior to submission of the article. The Boston Bar Journal does not provide galley proofs to authors. The Board of Editors reserves the right to edit or to reject articles submitted. Any articles accepted for publication by the Board of Editors that need to be edited will be returned to the author(s) for revision.

Editorial Staff of Corporate Counsel Magazine

* Editor in Chief Robin Sparkman * Executive Editor Anthony Paonita * Managing Editor Maryann Saltser * Art Director Morris Stubbs * Research Editor Rosemarie Clancy * Senior Editors Judy Lopatin, Brian Zabcik * Staff Editor Catherine Aman * Supplements Editor Emily Barker * Assistant Managing Editor Patricia Paine * Senior Reporters David Hechler, Sue Reisinger * Staff Reporter Jill Nawrocki * Copy Editor Richard Peck * Contributing Writers Amanda Bronstad, Alan Cohen, Marcia Coyle, Matt Fleischer-Black, Alison Frankel, Michael D. Goldhaber, Jenna Greene, Ben W. Heineman, Jr., Lisa Lerer, Tony Mauro, Jason McLure, Ron Orol, Sheri Qualters, Scott E. Thomas * Photo Editor Elizabeth Williams * Associate Art Director Darlene Simidian * Research Data Analyst John OÍConnor * Research Associate Tom Broucksou * Art/Photo Assistant Juliann Luce * Assistant Editors Joshua Lipton, Ross Todd * Editorial Interns Brian Baxter, Nate Raymond, Aruna Viswanatha, Catherine Wigginton

Editorial Guidelines for Corporate Counsel Magazine

Introduction

The goal of Corporate Counsel is smart, timely, and authoritative coverage of the nexus between business and the law. Our motto is: "The business magazine for the chief legal officer." While staff reporters write our features and news articles, we do accept pieces from outside authors- primarily lawyers, consultants, and other specialists-for certain sections of the magazine. The Corporate Counsel sections open to contributed work are: Legal Manager (on issues related to managing a corporate law department and the legal function within a company and Outbox (humorous takes on the in-house lawyer's life). We also appreciate getting news of recent law department hires (and general counsel departures), which we cover in section called Moves. Process

Please acquaint yourself with the magazine before making a pitch. If you're not a subscriber, you can review the magazine's contents online at http://www.corpcounsel.com/. Do not write a whole article on spec. Instead, please send a query, via e-mail to [email protected] or postal mail, to the address noted below. We prefer to receive pitches and queries in written form, not phone calls. Queries should explain the scope of the proposed piece and should be written in the style the lawyer will use in the article. Please do not send us bios or photos with your query for Legal Manager pieces. We'll request these if a piece is commissioned and accepted. For Moves items, simply e-mail us the press release. Please send releases on law department moves to [email protected], along with head shots at 300 dot-per-inch resolution and in .jpeg format. Communications representatives should note that it's almost always more effective if your client pitches a story himself or herself. Please give your client these guidelines, and encourage him or her get in touch with us via e-mail. We cannot promise to publish a piece based solely on a pitch, query, or outline, but we can save you time by letting you know whether the topic and approach are appropriate for us. We do not accept articles that have been previously published elsewhere, with the exception of pieces published in sibling periodicals also owned by American Lawyer Media. Even if we request that you write an article, based on a pitch, we cannot guarantee that it will be accepted or published. American Lawyer Media retains the copyright on all articles that we do accept and print.

Writing That Works

Contributed articles run from 1,000 to 1,600 words-and never over 2,000. Please do not use footnotes or endnotes, and keep case citations to an absolute minimum. The tone should be journalistic (e.g., the style of The New York Times or Wall Street Journal not the style of law review articles). Please avoid legal terminology as much as you can. We will edit out any legalese or jargon specific to single sectors or industries. We like stories with a point of view. For lawyer-written pieces, this might be a lesson to be drawn from a series of cases, an unreported legal trend, or useful practical advice. We aren't after anything heavy-handed, but we do want more than a recitation of the case law. Please use topic sentences to summarize key points at the start of each paragraph. There's an art to making them read simply and elegantly. Work hard at them and on organization. Stories need to move through facts and arguments in some sort of logical order. Don't bury important points. The body of paragraphs should amplify the topic sentence. Use real-life examples; they'll bring your piece to life and will grab the reader's interest. Analogies and metaphors also enliven writing. Imagine a CEO called you into his office two weeks before trial and wanted you to summarize the major strengths and weaknesses of a case. Write the way you would talk to him.

How We Edit

We try to make every sentence as clear and succinct as possible. So, we smooth out bumps, eliminate detours, untangle knotty sentences, and clarify ambiguity. We often send stories back for further work. Please do not take it personally; it's just what we do. And we often query sentences or whole paragraphs. If something isn't clear to us, readers probably will not understand it either. We're not perfect. Sometimes we inadvertently introduce errors into drafts or confuse rather than clarify. Please read our edits carefully prior to publication, and let us know about any errors of fact or emphasis. Please submit information, releases, etc. to: [email protected] Fax: 212-481-8255

Source: http://www.law.com/jsp/cc/utility/editorial.jsp

Bar Journal Article http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/26a3a8235...

The Florida Bar Journal Legal Articles Guidelines

The primary purpose of articles and columns is to educate or inform the reader on issues of substantive law and practical concern to lawyers. Analysis, opinion and criticism of the present state of the law also are encouraged and should be clearly identified by sufficient legal authority on all sides of an issue to enable the reader to assess the validity of the opinion. When criticism is voiced, suggestions for reform should also be included. Criticism should be directed to issues only.

Articles submitted for possible publication should be typed on 8 & 1/2 by 11 inch paper, double-spaced with one-inch margins. Only completed articles will be considered (no outlines or abstracts).

Citations should be consistent with the Uniform System of Citation. Endnotes must be concise and placed at the end of the article. Excessive endnotes are discouraged.

Lead articles may not be longer than 18 pages, including endnotes, and will be reviewed by members of The Florida Bar Journal Editorial Board. The board, which is composed of lawyers practicing various areas of law, has discretion over the acceptability of legal articles. The board prefers not to review articles submitted simultaneously to other publications and requests notification from the author that the article or any version of it has ever been published or is pending publication in another periodical. Review is usually completed in six weeks.

Columns may be submitted directly to section column editors. Length of columns is 12 pages including endnotes.

Unsolicited manuscripts are invited and may be submitted to Editor, The Florida Bar Journal, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300.

[Updated: 03-15-2006 ]

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What type of articles are we looking for?

Articles about issues that face every type of lawyer in today's practice arena. Solos, corporate counsel, managing partners, starting associates, or even paralegals. We want stories from the legal trenches. The topics that are burning a hole through your desk. Do you have a success story about a new technology your firm just implemented? What about one that failed? Do you have a successful solution to solo billing matters? What is the newest issues facing all types of lawyers from Capitol Hill? We are looking for articles that will educate readers about issues that they can use today, tomorrow, or even next week. We are looking for big picture articles as well as specific topics. Checklists and how-to articles are great content for Law Practice Today.

We are always looking for new contributors to Law Practice Today. Articles may come in the form of one-time contributions or possibly an opportunity for a regular column on a bi-weekly or monthly basis. We prefer writers who are passionate about their practice area. Writers who want to educate others so they don't have to re-create the wheel or fall down the same path you did.

About Submitting Articles

IF YOU ARE SUBMITTING PREVIOUSLY PUBLISHED MATERIAL: Please contact Kurt Harzke at (312) 988-5706 or e-mail [email protected] to obtain the proper agreement.

IF YOU ARE SUBMITTING ORIGNIAL MATERIAL: Please complete the form available at http://www.abanet.org/lpm/lpt/contribute/.

If you still have questions regarding article submissions, please contact Kurt Harzke ([email protected]).

We look forward to hearing from you!

Sincerely,

Law Practice Today Editors

About Law Practice Today

Law Practice Today is a Webzine, a Web-based magazine written by lawyers, for lawyers. We focus on issues that face the practice of law today. Each month we publish articles to our Webzine focusing on legal marketing, management, technology, and finance issues. Each month we highlight an article from each area through our e-newsletter to over 16,000 ABA Law Practice Management Section members, 11,000 opt-in e-mail subscribers and 3200 RSS feed subscribers.

Submission Guidelines

1. Article length can vary from 100-15,000 words. You want to think short, but the topic is what is most important.

2. Please send submissions in Word or text format. Please, no pdf files. If you would like a link in the text, place the link URL in parentheses after the designated word link. Ex. Law Practice Today (www.lawpracticetoday.org)

3. We do not pay for contributions to Law Practice Today.

4. The American Bar Association requires all articles published in a periodical, printed or online, have one of their agreements signed before any work can be published. Please fax the appropriate form to our Chicago office at (312) 988-5820 attn: Kurt Harzke. LAT Editorial Guidelines for Writers

LEGAL ASSISTANT TODAY is the only independent magazine geared toward the needs of the rapidly expanding paralegal profession. LEGAL ASSISTANT TODAY offers information pertaining to paralegals on legal practices and developments, practical advice and “how-to” articles to help its readers achieve career goals, coverage of national regulation and licensure efforts, news, trends, professional event happenings, colorful and informative pieces on unique areas and persons in the profession and sound advice for becoming more efficient in the workplace. Writers must keep this readership in mind. Articles are accepted on assignment only, therefore initial query letters are strongly recommended. Before any article is accepted, writers must receive an assignment letter or verbal confirmation from an editor.

THE FOLLOWING TYPES OF ARTICLES ARE ACCEPTED:

News & Trends: Submissions should be timely, investigative and written in straight news style. Photos are greatly appreciated. Most stories are approximately 600 words in length, unless otherwise directed by an editor. (We will pay $25 for news tips or leads that we use to write a story ourselves.)

Features: Send a query letter first. Average response time for a query letter is 30 days. We seek material that offers our readers new insights into the various aspects of the paralegal profession, with an emphasis on providing practical information in an easy-to-read, “how-to” format. Stories on paralegals involved with high-profile cases should show us the “what’s involved, how’s-it- done” angle through interviews with the featured paralegals. Features range in size between approximately 2,500 and 3,000 words, including sidebars.

Copyright All materials offered for publication should be submitted with the understanding that they are complete, original material and are offered to James Publishing for first North American rights, nonexclusive Web or electronic rights, marketing purposes and reprint permission.

Payment and Kill Fees Payments for features are decided on a case-by-case basis determined by the article’s newsworthiness, content, length, author’s track record and other factors. Agreed upon payments include the article and all attachments (charts, sidebars, etc.) unless otherwise specified upon negotiation.

Kill fees are used both for the protection of the magazine and the protection of the writer. A standard kill fee for news articles is between $30 and $50. Kill fees for all other written material — materials other than news articles — are determined on a case-by-case basis at the editor’s discretion. These fees are paid in instances when the material submitted does not meet the assignment goals, lacks sufficient quality for our audience or, in rare cases, when the editors determine that publication of the material would be detrimental to the magazine.

LAT Style All articles should be written in Associated Press (AP) style, spell-checked and edited by the writer for grammar and errors. A list of cited sources (including source name, title and phone number) is required. Keep sentences brief and to the point. LEGAL ASSISTANT TODAY uses the active voice in all articles and quotes are kept in the past tense (e.g. “said”). Please do not double space between sentences. Text should be broken up with subheads as needed. Writers are encouraged to supply sample headlines and respectfully asked to be sure to place their bylines on both the hard copy and the electronic version of their articles. All submitted materials are subject to editing. Due to time and space considerations, along with editorial discretion, LEGAL ASSISTANT TODAY reserves the right to determine whether and when submitted material is published.

Other items of note: • Footnotes are not used; incorporate these into the text. • Tables/Charts do not need to be produced in table form. Writers may simply type these clearly, with tabs, and provide a hard copy example of what the finished table/chart should look like. • Writers must obtain written (via fax, mail or e-mail) permission for use of copyrighted material (i.e. charts from surveys, etc.). Graphics are always desirable, and in some cases necessary (i.e. representations of forms, photographs of interview subjects, etc.). Writers should also remember to adhere to the policy of Fair Use when quoting from published materials. • Writers should confirm all facts in stories prior to submission. Verify questionable quotes, names, facts and figures. However, to maintain LEGAL ASSISTANT TODAY’s journalistic and editorial integrity, third parties who are not a part of the freelance agreement should not be provided with copies of the stories under assignment. Providing copies of unpublished articles is a violation of LEGAL ASSISTANT TODAY’s editorial and freelance policies and significantly complicates the publishing process.

Deadlines and Sending in Manuscripts • Due to the nature of the material and the need to turn copy around quickly, DEADLINES ARE STRICTLY ENFORCED. • Materials should be sent by e-mail in Microsoft Word in plain-text format. • Names, telephone numbers, physical addresses, and e-mail addresses of all sources quoted in articles must be provided for editorial fact-checking purposes. If information is obtained from written material or Web sites, please include a copy (or e-mail attachment/link) of the material or Web address for proofreading purposes. • Submit a brief biographical sketch (50 words maximum) with your manuscript. Include your current position (attorney, paralegal, freelance writer), company or other professional organization (if any), field of expertise, etc. (No hobbies, family members, etc., unless they pertain to your subject or your expertise.) If you are writing a column, please include a photo of yourself (preferably a headshot).

Please mail queries to LAT, c/o Becky Garcia, 3505 Cadillac Ave., Suite H, Costa Mesa, CA 92626, fax to (714) 751-5508, or e-mail [email protected]. We look forward to working with you.

Print Window http://alanet.org/publications/writerguidelines.aspx

Publications: Writer Guidelines

Association of Legal Administrators (ALA) Writer Guidelines

ALA’s two flagship publications, Legal Management and ALA News, are published in alternating months. Both reflect the Association's goals and objectives to inform and educate readers about news and trends in legal administration and law firm management. While their editorial approaches differ, both publish articles according to similar guidelines.

PUBLICATION INFORMATION Legal Management: The Journal of the Association of Legal Administrators

Read by more than 20,000 legal administrators and lawyers (principally sole practitioners and managing partners) in private law firms and corporate and government legal departments, Legal Management is a bimonthly, international journal covering issues and trends related to the business management of a law practice. Legal Management also provides practical management education and serves as a vehicle for dialogue among administrators, managing partners and other legal professionals. Legal Management circulates to more than 10,000 ALA members as a membership benefit and to approximately 9,000 qualified non-member legal professionals, including law firm managing partners. Although most ALA members live and work in the United States, more than 5 percent live and work in Canada and other countries around the world.

Legal administrators and managing partners have a broad range of management interests and responsibilities. Legal Management thus features practical articles and more theoretical management information. Each issue contains articles on a variety of subjects related to running a law firm, including financial management, strategic planning, technology, marketing and human resources. Review the journal’s 2008 Editorial Calendar. ALA News

ALA’s bimonthly member magazine, ALA News, communicates the Association’s accomplishments, events, goals and objectives to a circulation of more than 10,000 members. Most of this material is generated in-house; however, one or two features written by external writers may appear in each issue. These articles generally focus on furthering members’ personal and professional growth and sharing innovative approaches to the legal management profession.

EDITORIAL SUBMISSION AND ACCEPTANCE

Rather than submit unsolicited manuscripts, writers are encouraged to submit detailed article queries or pitches and, if accepted, the editor will work with the writer to develop the required article. ALA also strives to incorporate a variety of unique voices from Association membership and other legal experts. Article queries and pitches from active ALA members are given preference. Before offering a complete feature story or column to ALA for consideration for Legal Management or ALA News, please submit a brief summary of the proposed subject matter. Such queries should be submitted to:

1 of 2 1/15/08 11:35 AM Print Window http://alanet.org/publications/writerguidelines.aspx

Editor-in-Chief, Legal Management and ALA News Association of Legal Administrators 75 Tri-State International Suite 222 Lincolnshire, IL 60069-4435 USA E-mail Note: E-mail queries are strongly preferred.

Upon Acceptance 1. The editor-in-chief will work with the writer to establish word count, deadline, requirements, specifications and date of publication. 2. Once the article is received, the editor has the right to edit the article for style, clarity and length and to make final selection on headlines, subheads and graphic treatment. 3. Writers may be asked to revise manuscripts or provide additional information for clarification. 4. Authors must sign a “Contributor Agreement” that gives the Association a non-exclusive license to reprint articles in future publications, such as article collections. The Association liberally grants reprint permission to its authors and members. It also accords reprints to other sources such as vendors and other legal administration publications. Those requesting reprint permission are encouraged to inform an article’s author first before contacting ALA. 5. An invoice, including a Social Security number for U.S.-based authors, must be submitted to receive payment. Invoices may be submitted via e-mail in attached Microsoft Word or Adobe Acrobat (PDF) documents. (Additional invoice guidelines are available upon request.) Manuscript Preparation

1. Length: Columns typically run 800 to 1,300 words; features typically run 2,000 to 3500 words, including sidebars. 2. Editorial Style: ALA publications generally adhere to The Associated Press Stylebook and Merriam Webster’s Collegiate Dictionary. ALA also has an internal stylebook; a digital copy will be provided for your reference upon request. Format

1. Send the manuscript in Microsoft Word (for Windows or Macintosh) via e-mail to John Delavan. 2. A list of sources and contact information should be provided for fact-checking purposes. 3. At the end of the article, include a brief author biography listing current position, background and contact information if needed. Articles submitted on behalf of a client should identify the client and the client's products and services. Columnists should also provide a color (preferred) or black-and-white head shot (at least 300 dpi, 2" x 3") via e-mail.

http://alanet.org/publications/writerguidelines.aspx 1/15/2008

2 of 2 1/15/08 11:35 AM

The publication is a monthly and deadlines are the first Friday of the month for the next month's issue. There are two general types of articles: product reviews or case studies, and substantive technology articles. Lengths can be anywhere between 900 words to 2000 words depending on the type of article and the subject matter. If you are interested in submitting something I would suggest talking to me first. (Adam Schlagman) Maryland Bar Journal http://www.msba.org/departments/commpubl/publications/bar_journ...

THE MARYLAND STATE BAR ASSOCIATION, INC. MSBA Home Contact Us Member Home Topic Contact Advertising Guidelines Directory Archive Publications Members Only Maryland Bar Journal Electronic Bar Briefs Publications : MD Bar Journal : Editorial Guidelines Ethics Opinions FastCase MARYLAND BAR JOURNAL STYLE

Mentoring Program GUIDELINES Update Member Info The Maryland Bar Journal is a bimonthly magazine published by the Membership Dues Maryland State Bar Association for its membership. The MSBA Special Committee on Editorial Advisory is responsible for the policy Member Resources and content of The Journal, and reviews and approves all articles Join The MSBA submitted for publication. Each issue is dedicated to a legal theme. Board of Governors Articles submitted to the Maryland Bar Journal should interest Calendar members of the Maryland Bar, providing them with information or Committees & Sections ideas that impact their practices. The Journal wants articles about Contact Us legal issues or the notable activities of other lawyers, business and management practices and, where appropriate, entertaining Departments articles by or about lawyers. Legal Career Center Legal Links All writing submitted to The Journal is subject to the approval of the Special Committee on Editorial Advisory and will be edited for Legal Vendor e-MALL accuracy, conciseness, length, English grammar and usage, and MD Bar Foundation conformity to the Guidelines. If, in the judgement of the Special Publications Committee, significant editing is required that may affect the substance of an article, the author will be consulted before PressCenter publication. Public Resources The Journal seeks original works and will not ordinarily consider publishing an article that has appeared elsewhere. Material published in The Journal may thereafter be reprinted with the Special Committee's approval and appropriate credit.

Articles must be typed, double-spaced, on standard 8 1/2" by 11" paper and submitted to the editor for presentation to the Special Committee on Editorial Advisory. The editor is Janet Stidman Eveleth at the Maryland State Bar Association, 520 West Fayette Street, Baltimore, Maryland 21201. She can be reached at (410) 685-7878 or (800) 492-1964 or e-mail at [email protected]

1 of 3 1/15/08 11:44 AM Maryland Bar Journal http://www.msba.org/departments/commpubl/publications/bar_journ...

Articles should not exceed 2,500 words (ten double-spaced letter-size pages unless the editor assigns or agrees in advance to a longer length. The title, author's name and byline information should appear on the first page. Every page of the manuscript should bear the author's name. Textual footnotes are forbidden; authorities worth citing should go in the text. String citations should be avoided. The Harvard Blue Book citation form is suggested.

Articles should be emailed, preferably in Word, to the editor at [email protected] for presentation to the Special Committee on Editorial Advisory. The editor is Janet Stidman Eveleth at the Maryland State Bar Association and she can be reached at (410) 685-7878, x3025, or (800) 492-1964 or [email protected]

Advertising: The Maryland Bar Journal has display advertising opportunities, please contact Network Publications at (410) 628-0390, extension 122.

Writing and Editing Guidelines for the Maryland Bar Journal

The Maryland Bar Journal favors a plain style of expository writing and urges its authors to write as simply and informally as they can. This does not mean that the publication wants frivolous or cute writing, but that it strives to publish clear and readable material.

Have a clear understanding of what you want to say before you start writing Write it yourself; don't assign it to a subordinate who must guess at what someone else wishes to express. Try to catch the reader's attention, create interest and make your main point in the opening sentences. Write in plain English. Use short words, strong verbs and simple sentences. Avoid jargon and foreign phrases. Be concrete and specific, not abstract and legalistic. Write in the active voice. Avoid the passive voice and the conditional ("I would argue") mood. Avoid compound or complex sentences. Break them into smaller bites. Don't talk down to readers. Avoid the outline form

Publications : MD Bar Journal : Editorial Guidelines

2 of 3 1/15/08 11:44 AM Maryland Bar Journal http://www.msba.org/departments/commpubl/publications/bar_journ...

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3 of 3 1/15/08 11:44 AM Serving the Bench and Bar Since 1888 345 Park Avenue South, New York, New York 10010 • (212) 779-9200

SPECIFICATIONS FOR SUBSTANTIVE LAW ARTICLES

Thank you for your interest in submitting an article for a Special Section of the New York Law Journal.

GENERAL RULES

• All articles are submitted on speculation. We do not guarantee publication. We also reserve the right to publish an accepted article in an Issue other than the one for which it was submitted. • All articles must be original. We will not publish articles that have appeared elsewhere. • Stick to the topic assigned. If you need to change the topic, please discuss this with the editor. • Articles appear under the author’s byline. When submitting your article, please provide a brief biographical sketch (not exceeding 20 words), including the name and location of your firm, and your position there (e.g., partner, associate, of counsel, etc.). Do not include this biographical information as a footnote to the article. • Articles should not deal primarily with a matter that the author or his or her firm has handled. Any involvement of the author or the author’s firm in a case or other matter to be mentioned must be disclosed in advance to the editor and be approved at the same time the article topic is approved; no discussion may be included of such cases that are still ongoing (appeals pending, time to appeal remaining, etc.). Any involvement of the author or the author’s firm must also be indicated specifically in the author’s biography. • Articles must be written or co-writen by law firm partners unless approved by the editor.

DEADLINES

• Deadlines are firm. Articles submitted after the deadline may not be published.

LENGTH AND FOOTNOTES

• Articles should be no longer than 2,500 words (about 10 double-spaced pages), including footnotes, unless arranged in advance with the editor. Articles exceeding the page limit will be cut if necessary or returned to the author for cutting. Pages must be 8 1/2 x 11 inches, with one-inch margins. • Be sparing with footnotes, which should primarily be used to provide citations to decisions and other authority discussed and/or quoted. Legal citations should follow a Uniform System of Citation. Either official or regional reporter citations are acceptable; do not use parallel citations.

FORM OF SUBMISSION

• Articles must be submitted in Word or WordPerfect format and sent by e-mail with a faxed hard copy. • Faxed or hard-copy submissions alone are unacceptable.

STYLE

• All articles must be written in the third person. Do not address the reader. Do not use the imperative tense, “you,” “I” or “our,” and do not use contractions. • You are writing an article, not a list, although a listing or two may be included. Do not number your points. Use “bullets” instead. Write in full sentences and do not rely on headings to make a point or create transitions. Typographical requirements often mandate deletion of such headings. • Do not italicize Latin or other foreign words and phrases.

APPROACH

• Most articles should be keyed to a recent development, mentioned in the first paragraph, such as an important case, a new statute or regulation or a new trend in the law. Articles may evaluate a series of such developments and offer an analysis of the direction of the law in the particular area. Other articles may provide practical lawyering advice. • Articles should be even-handed treatments of the subject, not argument, opinion or editorial pieces. They need not, however, be dry. In discussing a court case, for example, the author might speculate why the court ruled as it did, contrast the case to previous authority, discuss any open questions and state whom the decision might affect and why. But the author should not argue that the case was correctly or wrongly decided or that a particular law is fair or unfair. • Remember that you are writing a newspaper piece, not a court opinion or law review article.

EDITING

• The editor will make no substantive change in an article without consulting the author. However, copy editing and other stylistic alterations will be made without notice and articles that exceed the maximum length will be cut. Time constraints prevent our providing proofs for the author’s review.

HEADLINES

• The editor will write headlines and subheadings. Suggestions by the author are helpful but not binding. Revised 11/2003. NYSBA | Article Submission http://www.nysba.org/AM/PrinterTemplate.cfm?Section=Bar_i_Jour...

Article Submission

General

The Journal encourages article submissions on topics of interest to members of the Association. Send all article materials and communications via e-mail to [email protected] or [email protected]. E-mail communication is strongly preferred.

MCLE credit may also be earned for legal-based writing directed to an attorney audience upon application to the CLE Board. NYSBA Guidelines for Obtaining MCLE Credit for Writing as well as a Publication Credit Application are available.

Before writing an article, e-mail story ideas or opening paragraphs to the Editor-in-Chief, David Wilkes, at [email protected]. He will write or call back with possible questions and suggestions.

Articles must be readable and interesting to broad categories of membership. Avoid writing articles about highly specialized, technical legal topics or procedures that most member attorneys would not find useful. Write on topics that are newsworthy and describe important developments in areas of the law of broad interest; avoid introductory paragraphs that include phrases like, “in a recent case decided by the Court of Appeals….”, and laborious descriptions of the development of an area of law that consist of repetitious accounts of the facts and holdings in a series of cases. Write in an active voice, not passive. Avoid long sentences. With the exception of certain regular columns, avoid too much informality, or attempting a chatty style; many otherwise useful topics are rejected or returned for significant editing when written in a style that is inappropriate for the Journal.

Overall article length should run from 4,000 to 5,000 words; articles may be longer if approved by the Editor, required by the subject matter, and if the text is well-written and to the point.

Format

Microsoft Word is the preferred word-processing software.

Keep format structure simple. For example, use enter and tab keys for hard returns to start a new paragraph, and the double-indent key function for quoted material.

If uncertain about the capitalization of certain words or phrases, please keep them lowercase for review by the Editor-in-Chief.

Place periods and commas before endnote numbers and quotation marks. Do not place citations in body of the text.

Submission

Before completion of the article, send the first 8 to 10 paragraphs to the Editor-in-Chief for preliminary review, to ensure the story track agrees with initial proposal, by e-mail as specified above.

If e-mail is unavailable, ship a 3½ inch diskette or CD, along with a hard-copy printout of the article, to:

David C. Wilkes Editor-in-Chief New York State Bar Association Journal 200 White Plains Road, Suite 510 Tarrytown, NY 10591

Citation

Authors are responsible for the accuracy and format presentation of related cites. In general, follow the Bluebook.

Authors are responsible for accuracy of all quoted material.

Both official and parallel cites are required.

Notation style is endnote format, not footnotes. Notes should be of reasonable length, i.e., not overly long, but with enough information to back up sufficiently points made in the article. Every effort should be made to limit the number of notes to only those most essential, and avoid the extensive use of notes that might be more appropriate for a law

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G uidelines for Legal Articles

THANK YOU FOR YOUR INTEREST IN SUBMITTING AN ARTICLE FOR PUBLICATION in the Texas Bar Journal. The Journal is published monthly (except August) and is the only publication mailed to every member of the Texas Bar. Articles on varied subjects pertaining to Texas law and other laws significant to Texas practitioners are welcomed.

Every article submitted to the Journal is reviewed by the Bar Journal Board of Editors, which is composed of attorneys, including representatives from the State Bar Board of Directors, all appointed by the State Bar President. The Journal ’s staff acts as liaison between authors and the board. All communication concerning legal article submission, review, and publication should be directed to the Journal staff.

Submissions must conform to the following guidelines:

Length: Articles must be 3,000 words or less, excluding endnotes (approximately 12 double-spaced typewritten pages generally translates to 3,000 words).

Endnotes: Endnotes should be concise and at the end of the article. Cites are checked before publication.

Form: Only completed articles will be considered (no abstracts, outlines, or ideas).

1 Articles must be typewritten, double-spaced on 8 /2” x 11” paper; four (4) copies of each article must be provided. Articles also may be submitted by email in electronic word processing format to [email protected].

Content: Articles should be on a topic of interest to a broad cross-section of the legal profession. Not acceptable are articles from authors regarding their pending litigation, or current political or religious issues or personalities. Articles which advocate legislation or a legislative position are published when approved by the State Bar Legislative Committee and/or Board of Directors.

Bar Journal Online: Some articles may be accepted for the online version of the Texas Bar Journal. The Journal will include an overview or introduction to the article, the author’s photo and biography, and a link to the full article. Articles for the Bar Journal online may be more narrowly focused or longer than those approved for publication in the print version. Continued on reverse G uidelines for Legal Articles (continued)

Previously published articles: Exceptional articles printed in other forums will be considered. The author is responsible for providing the name and date of previous publication.

Compensation: No compensation is offered for any legal article.

Biographical information: Each author of an accepted legal article will be asked to supply a brief biographical sketch and photograph which will appear in the Jour- nal in conjunction with the article.

Update: Prior to the publication of an accepted article, the author is notified of the publication date and provided an opportunity to update the article as required. Authors also will be asked to send a final version of the article in electronic format. Authors may also include links to webpages or other online articles that may be included in a sidebar with their article. Articles are scheduled by the managing editor.

Publication time frame: Due to the large number of legal articles submitted to the Jour- nal, the Editorial Board generally takes 60 to 90 days to offer its judgment on each article. After an article has been approved, it is usually published in the Journal within six to nine months. If an article is not published within a year after acceptance, the author should submit the article to another publication.

Affirmative Action Plan: In June 1990, the State Bar Board of Directors approved an affirmative action plan for legal articles. After an article has been reviewed and accepted by the Board of Editors, the author is notified and informed of the existence of the plan. Authors who are members of a minority group may request that their article be published in accordance with the plan. As defined by the State Bar Board of Directors, a minority is a member of a recognized minority group, including but not limited to, African American, Hispanic, American Indian, and Asian American. Under the plan, a qualifiying legal article will be published in the next available issue of the Journal provided the author has met necessary requirements including provisions of updates and biographical information. The plan is implemented only upon the choice of the author and only after the article has been accepted. Articles under consideration include no indication of the author’s ethnicity or possible participation in the affirmative action plan.

Contact: All communications concerning legal articles and submissions of articles should be submitted to: Texas Bar Journal P. O. Box 12487 Austin, TX 78711-2487 Related Articles Appendix LATHE LARGESTWC COLLECTIONROSSING OF LEGAL JOBS ON EARTH

FEATURE www.lawcrossing.com 1. 800.973.1177

Getting Published: The Foundation for Business Development [By Ari L. Kaplan, Esq.] Business development in the legal community is a science, but it requires the creativity of an artist. That artistry can be demonstrated most powerfully through the written word, a tool of great lawyers for centuries. Encapsulating an interesting case or complex transaction into 500 or 1,000 words for the benefit of colleagues and the business community at large is the single best way to demonstrate expertise on a macro scale. It is at the very core of client generation.

A published article is like currency for consider who makes up that population If possible, attach writing samples to your building a network, developing a reputation and compile a list of the periodicals that pitch. If you do not have clips, there are for excellence, and gaining exposure they read. Then narrow down that list to always opportunities to obtain some by to unanticipated opportunities. It sets those that cover the subject matter in which penning a book review or an editorial for the foundation for success in the law, you are an authority (or are attempting to a local or regional journal. In addition, professionally and personally, by reminding demonstrate your knowledge). consider co-authoring with another attorney you of the most satisfying aspects of the or professional connection whose skill work and conveying that satisfaction in a While legal publications are often the first you respect. It is an ideal opportunity to compelling narrative. considered for placement, do not feel collaborate on a non-work-related project limited to bar association magazines and but in an inventive, specialized context. Despite late-night feelings to the contrary, law-related newspapers. Instead, research Activities like this one also lead to new and lawyers focus on fascinating issues. Those possible homes for your work on Google unexpected opportunities such as client that can distance themselves from an or FindLaw. If you are drafting an article referrals, new billable work, and even individual matter and select a fine point that on marketing, for example, it may be that friendships that transcend the law. is particularly engaging can easily create the a narrowly tailored newsletter aimed at premise of a well-received article. For those music professionals offers you much greater The law should, however, always remain that cannot, great ideas are only a mouse exposure to your potential client base than a central to the process, especially since your click away. Technology lawyers, for example, column in Rolling Stone. priority is to your firm. Your message and can find them on Gigalaw.com; consumer tone should be consistent and maintain protection attorneys can visit FTC.gov; and For promotional purposes, it should not dedication to a single formula: exposure there are many others. With no shortage matter whether the publication offers you enhances your reputation and as that of resources, the only hindrance to great exposure in print or solely online because reputation grows, so, too, do your prospects commentary is one’s imagination. you will most likely be distributing your for developing business. That is the science. article to your network via e-mail. In fact, The art is distinguishing yourself with a Perhaps the most overlooked, but incredibly those that appear online either alone or in unique voice and style. valuable, brainstorming opportunities come addition to print will offer greater visibility from colleagues and clients. Not only does because search engines will associate About the Author communication about story ideas give one your name with the topic on which you the chance to develop a deeper relationship wrote for eternity. This will make existing Ari Kaplan teaches a business development with another attorney or contact, it makes and prospective clients, as well as media course at bar associations and law firms the process much more enjoyable. Writing professionals looking for an authority in the nationwide on the mechanics of getting is, after all, a creative pursuit that carries area, more likely to find you. published. The principal of Ari Kaplan with it the added benefit of personal Advisors has written over 125 articles and has satisfaction. Notoriety just happens to be the When pitching an article, describe what you appeared on CNN as a legal expert. He is the great reward for your effort. would like to write, who you are, and why you author of an upcoming book from Thompson- are ideally suited to author this piece. Be West on creative marketing and also serves Finding the right home for that effort can be brief but potent. Bear in mind that one of the on the board of editors for American Lawyer a challenge. While it is exciting for a popular most critical facts to convey to an editor is Media’s Marketing the Law Firm and e- magazine or newspaper to print your ideas, what makes your topic relevant. If there is Discovery Law & Strategy. He can be reached there may be more valuable publications no time hook for your story, it is unlikely to at [email protected]. that reach your target audience. As such, be selected.

PAGE FrontLAW PRACTICE LINES CE BY ANN LEE GIBSON NAN Y FI OG OL N

CH fivethings What you need to know to get and keep new business NT TE E M E G How to Maximize Your ly, to remember the author’s name and expertise.

G MANA Publishing Opportunities N Broadcast the good news.

ETI Getting published has little value if K BY ARI L. KAPLAN 3no one knows that you have writ- MAR etting published is one of the best ten the article. For this reason, you need G business development tactics for to be proactive about telling people you lawyers. It offers direct and indirect bene- are appearing in print. Create a mailing list fits ranging from expanding your network to distribute the news. Post information to building name recognition. More impor- about the article on your firm’s Web site. tant, however, is the impact that writing for Ask your legal blogger friends to add a publication has on enhancing your reputa- link to your article on their sites as well. tion, establishing your expertise and spot- Leverage your writing for other lighting key issues that affect your target media opportunities. Study the markets. And have no fear: There is a pub- profiles of successful practitioners lication in print or online for every piece of 4 you want to emulate. Take note of where good writing. Here are key considerations they have been published, given presenta- for developing a story and convincing a tions or provided media commentary. publisher to run with it. If you are writing on a similar topic, con- Collaborate. Work with your tact those outlets and let them know that supervisors, clients and prospec- you are available for future speaking 1tive clients to develop ideas for engagements and writing assignments. article topics. A potential article is a model Try to meet the decision makers at these opportunity to engage these important venues in person. individuals in conversation. Listen to what Repeat. Professionals who is on their minds and focus in on an issue achieve maximum benefit from the that might have a broader impact on the art of getting published tend to be entire business community or industry in 5 serial writers because the more often their which they work. work appears in print the more recognized Synchronize your submissions it becomes. That recognition builds credi- with events they cover. Timing bility with the target audience and 2is critical both for pitching to prospective publishers. As your written publishers and for achieving the optimum work becomes better known, so will you. LP response from readers. An article on year- Ari Kaplan ([email protected]) is a lawyer end filings, for example, will be most rele- and principal of Ari Kaplan Advisors, a consultancy vant in December when individuals pre- that empowers professionals through writing by pare for their submissions. Those who offering in-house CLE programming, coaching and strategic writing assistance. see an article while the issue it covers is Ann Lee Gibson, PhD ([email protected]), is on their minds are more likely to be affected principal of Ann Lee Gibson Consulting. She consults by the article’s contents and, consequent- with law firms on business development initiatives.

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WRITING Spring forward and get published Ari Kaplan / Special to NLJ.com March 24, 2008

Last year, I made a mistake. I missed the opportunity to pitch articles to many of the newspapers and magazines that covered summer associate and new attorney issues in 2007. My bad, especially since I teach professionals about getting published and how to use writing for business, professional and personal development. Luckily, my error was simply bad timing.

The keys to getting published are relatively straightforward: develop a strong idea, find the right publication, craft a strong pitch and make your pitch when it is most relevant. Most people find that last piece very elusive.

Here's the secret to success on that point: study editorial calendars. Editorial calendars set forth in very broad terms the coverage a magazine or newspaper will give to a particular subject over the course of an entire year. I now compile the editorial calendars of several legal publications in January as a resource and often suggest that those interested in writing for a broad audience consult them regularly. For example, if you are an intellectual property lawyer who wants to cover a substantive IP issue, consider focusing on the October 13, 2008 issue of the New Jersey Law Journal or the same week's issue of the New York Law Journal. Both newspapers are focusing on intellectual property that week and both accept articles written by outside authors. (The National Law Journal will feature special section on intellectual property law in the May 5, August 8, October 13, and December 1 editions. See the editorial calendar for a full listing of special sections and submission due dates.)

These calendars are generally available on the website of the particular publication and often list the submission guidelines for the publication as well (e.g., preferred length, footnote usage, and editorial style). Reviewing them and timing your article properly will help you overcome any concern over your writing ability. While substance is important, you do not need to be a Pulitzer Prize winner to get published. Relevancy is often more critical than gifted prose.

Understanding an editor's calendar also demonstrates to him or her that you have conducted the necessary background research and are serious about your interest. Reviewing a copy of the magazine or newspaper in advance helps as well.

Spring is a great time to be thinking about getting published. It stays lighter longer and it lulls you into the false impression that you have more time on your hands. Maybe that's just me.

Regardless, it does encourage us to go outside and get some fresh air. Writing is like that fresh air. It breathes inspiration into your work by allowing you to connect with mentors, colleagues, clients and prospects in an organic way. Use the chance to write for a particular issue you found in the editorial calendar as an opportunity to call or e-mail someone completely different, who can provide a unique perspective on your proposed topic. Or, use it to reconnect with others.

Identifying a specific date for an article will provide you with the ability to calendar its development and completion. Writing for an issue in October would require a pitch a few months before, depending on the publication. Let's say end of June for purposes of giving plenty of lead-time. That June pitch gives you April and May to develop an idea and discuss it with anyone who may need to approve it or collaborate on its completion. It will also give you plenty of time to change your mind on the topic.

Aiming for a particular issue will typically prevent you from postponing it - not that anyone ever does that. Most often,

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activities like writing fall behind billable work, family obligations and wisdom tooth extraction. There is always another issue of another publication when we have more time. That said, when you are shooting for a particular newspaper on a specific date, you have no choice and you will do it. Period.

Getting published is more about motivation than mechanics. Starting with a subject and the date before you even have an idea will help. Use the extra time often wasted on these basic elements to craft a great idea. Collaborate with others on establishing your focus. Have coffee with people who can teach you about the subject. To continue with our example above, ask IP experts, including those sitting right next door at your firm, what they think would make an interesting article. In addition, try to find in-house, government and academic contacts that could share their insight and experience.

People do not write just to see their name in a byline or send their article to others. They write to inspire. Ironically, it is often not others to whom they provide the inspiration, but to themselves.

Revive, refresh and check your calendar. It's spring.

Ari Kaplan is an attorney and writer that teaches professionals the mechanics of getting published and the art of self-promotion. For a free compilation of editorial calendars and/or submission guidelines, please contact him via www.AriKaplanAdvisors.com. Thomson-West is releasing his book on creative self-promotion this spring.

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SUMMER ASSOCIATES Summer associates can write their way to success Ari L. Kaplan / Special to The National Law Journal June 4, 2007

Summer associates who want an offer at the end this summer should write it. One of the best-kept secrets of new associate selection is that with most skill levels being equal, the person who makes life easiest for the decision-makers at the firm will stand out. Perform great research, stay available, demonstrate enthusiasm and write. Write strong memoranda, write "thank you" notes and write articles. By spotlighting lawyers and legal issues, for the benefit of and alongside those with whom they work, associates can solidify their place within the ever-powerful business-development paradigm.

Writing demonstrates a genuine interest in the perspective and skill of another colleague. More importantly, though, it gives summer associates an opportunity to develop meaningful connections to those lawyers who will be evaluating their performance all summer. Summer associates who save partners time and alleviate the burden of performing certain client-generation activities will learn much more about the partners and the firm than their peers will. They will also acquire a deeper understanding of the clients and the work that interests them the most. They may even learn some techniques for becoming rainmakers after graduation and beyond.

Offering to write about, for or with a partner conveys a sense of excitement in a uniquely tangible and lasting format. Summer associates can easily demonstrate their honest enthusiasm by profiling someone's noteworthy accomplishments and experience for the benefit of the entire professional community. College and law school alumni magazines, for example, may be ideal venues for these profiles. Web sites that focus on the legal community are also interested in content of this type. Although lawyers find great success at business development through publishing, they are limited by the lack of the one advantage that a summer associate often has: time.

After a few weeks of lavish lunches, baseball games and golf outings, summer associates should identify the lawyers with whom they would like to work and create an opportunities to collaborate with them by writing together. Before approaching them with an idea, a summer associate should study their practices and clients. In addition, he or she should review their profiles on the firm's Web site to determine where they have been published and issues on which they may have written (or even spoken). This will give the associate a sense of what the lawyers find most interesting.

Studying the practice groups

Summer associates shouldn't be discouraged if their first ideas are rebuffed. They should continue their research by reviewing Web sites related to the practice group in which they are working and the industry or industries of the various affiliated clients. Then, they should begin sharing breaking developments with the lawyers in their circle or elsewhere. A summer associate will distinguish himself or herself from the class in a way that is professional (as opposed to the ridiculous dancer at the outing) and will almost certainly realize great rewards for his or her efforts. This possibility isn't as likely at a networking function at which lawyers have an obligation to get to know as many of the seasonal hires as possible.

As summer associates compile their list of topics about which to write, they should ask lawyers at the firm which trade publications and newsletters they read. They should seek the advice of the resident librarian as well. The librarian will often have information on which newspapers and periodicals particular lawyers prefer. Nor should they forget online opportunities. The goal is to co-author and demonstrate enthusiasm, not simply to see the item on the newsstand or even in print.

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Lawyers are often looking for opportunities to reconnect with and celebrate their clients. It helps build rapport, but also maintains a consistency in their communication even when there is no matter pending. If summer associates can help these lawyers in that search, they will be praised for their efforts.

Following a short assignment, a summer associate could suggest to the assigning partner the possibility of writing about a client or its matter (in general terms only, if appropriate). He or she may even want to interview the client with the partner for a possible quote about an industry trend. As with the firm's librarian, one can ask the client what magazines the in-house legal team reads. A summer associate might suggest to the partner that the partner ask the client for other in-house contacts that may be appropriate for a short interview and quotation. This could help build relationships with prospects.

In anticipation of publishing an article, it's advisable to search the Internet for other lawyers in the same practice area and identify the publications in which their work has appeared. If a summer associate happens to see that a senior lawyer with the same expertise at another respected firm writes for a particular trade journal, he or she should make a note and keep that publication on the list to pitch. This will help in an initial discussion about the idea of writing an article, but it will also demonstrate one's ability to execute on a plan. It shows foresight and the anticipation of a future need.

Networking highlights who one is, but writing provides the chance to share who others are and what they know. It is truly a self-marketing platform, because it gives someone the chance to collaborate and foster development for the benefit of others, which in time will benefit everyone. So those who want an offer this summer should write one.

Ari L. Kaplan is a public speaker at bar associations and law firms nationwide on the mechanics of getting published. He has written more than 125 articles and has appeared on CNN as a legal expert. The author of a forthcoming book from Thomson-West about creative marketing for law students and junior lawyers, Kaplan serves on the board of editors for ALM's newsletter, Marketing the Law Firm. He can be reached at [email protected].

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The Benefits of Getting Published - Encourage Your Lawyers to Write!

Ari Kaplan | Ari Kaplan Advisors | www.AriKaplanAdvisors.com

Adam Anderson, a senior associate with New York University Law School to preparation for meetings, particularly Beus Gilbert PLLC in Scottsdale, Arizona, distribute it to his first year classes. those with client prospects, he reviews his was recently in a meeting with counsel Michael Rakower has had a similar list of at least 150 articles (and multiple from another law firm who recognized his experience. He wrote an article on civil books) to find items that address issues name from a list of contributors he had RICO matters in March of 2008 for the related to those he expects to discuss at seen earlier that day in the National Law New York Law Journal and received calls the meeting. “The real value at the end of Journal. They ended up having a lengthy from other lawyers and the publisher of the day is probably not the publication discussion about Anderson’s column for the Rico Law Reporter asking permission itself, it is the credentialing value,” he NLJ.com, which pokes fun at the legal to republish his article this spring. “Your says. profession and issues in the law. “Writing peers develop an appreciation for your adds a unique layer to your relationships scholarship in a particular area,” says Rakower sends e-mails to friends, col- with people,” he says. And, it distin- Rakower, who runs a small law firm in leagues and clients updating them on his guishes him from his peers in a positive Manhattan that focuses on commercial firm’s achievements. When referencing way. and federal litigation in New York. In an article he wrote, he includes a link to 2007, Lawyers USA recognized Rakower as that article (or a PDF copy if he has the You could do the same by taking a few one of eight “up and coming” lawyers in requisite permission). “It becomes an small steps toward developing an idea and the nation, and in 2006, the New York enduring symbol of your ability and your transforming it into something of interest State Bar Association named him Out- knowledge,” he highlights. to your colleagues. Anderson’s ideas standing Young Lawyer of the Year. come from experience. He takes an issue Connect with Others with which he and his peers are con- The art of getting published is one that cerned, e.g., document discovery, associ- can be learned and mastered. It offers In addition, writing offers you the chance ate reviews or billable hours, and adds an tremendous possibilities for organic self- to work with someone who is outside of element of absurdity to entertain his promotion and enables you to establish your normal daily interaction or with readers while simultaneously informing yourself as an authority on almost any whom you are particularly interested in them about important points. In a recent topic. The key is to let others know about developing a connection. “There are a lot column, he wrote about the benefits of your work. of networking opportunities available by leap year and using the 366th day of the offering to assist someone with an article,” year to bill more time. Showcase Your Skills says Bennett. For junior professionals, it provides a tangible expression of your The Effect of Getting Published New York-based Jones Day partner and interest and commitment to a particular National Law Journal columnist Steven C. subject. It also demonstrates your Sometimes the impact of Anderson’s Bennett often posts his articles to sincerity in a meaningful and creative writing is unexpected. A recent article JonesDay.com and lists them on his manner. about depression prompted a professor at resume. More importantly, however, in

8 NEW YORK | NEW YORK More established professionals might use it as a chance to meet others by offering to interview them as experts or profile their work. Anderson’s column, for example, allows him to maintain a dialogue with you have a commitment from someone on distant friends and contacts. It also serves the other side to publish it,” notes as a great reason to connect with individu- Rakower. “If you begin writing something als he is interested in meeting. without a publisher’s deadline, it is difficult to establish an end point by The key is to broadcast your name and which you will finish the article,” he adds. showcase your thought leadership. Some law firms are so committed to the idea of When selecting a publication, study publicizing the talents of their personnel editorial calendars. They are meant to Those developing an original concept and the brands of their firms through provide guidance to advertisers on specific should start with an outline and expand writing that they actually create their own coverage a magazine or newspaper will each idea point by point. If you find full-color glossy newsstand-quality offer in specific issues throughout the yourself facing writer’s block, Beverly periodicals. “Custom publications allow year to encourage advertisements when the Loder, Director of Marketing for Shefsky & people to remember who you are and content is relevant to their business. They Froelich Ltd. in Chicago and former encourage brand loyalty,” says Mike are an ideal resource for writers because Director of Law Practice Management Winkleman, the president of Dobbs Ferry, they specify the type of information for Publishing for the ABA, recommends NY-based Leverage Media, which which an editor may be searching at a starting anywhere, even in the middle, just produces publications for Goodwin particular time. For instance, if you would to get the ideas flowing and onto the page. Procter, Patton Boggs, WilmerHale, and like to write about law office management, The key is to take the initiative and begin. Winston & Strawn. the November 3, 2008 issue of Legal Times She suggests setting incremental dead- is focusing on Law Firm Administration. lines for yourself with small sections due Your published work also becomes a The calendars are generally available on on specific dates. finding tool, notes Bennett suggesting the website of the particular publication that individuals looking for an authority for which you are interested in writing. Finally, take the time to polish your draft. on a particular topic will search online “Nobody gets it right on the first draft, and off for information related to their Maximize the Time and very few get it right on the second,” issue. To that end, many firms will use a says Loder. “If you're tired of working on service like Mondaq to provide the Once you have a firm deadline, schedule it, put it aside for a week and then look at broadest possible distribution for their the work as you would anything else. it with fresh eyes.” Once you relax, ask for articles, which can help writers actually Those concerned with time can use a second opinion. “It's always important to identify their readers. “If you know that a Anderson as a guide. It takes him about get feedback from someone you trust,” certain reader is interested in what you two hours to write a 750-1,000 word article. advises Loder. Anderson’s wife reads have to say, you also know that he or she That said, he is constantly thinking about everything he writes. “She is my litmus may be interested in hearing more from possible ideas and carries a pocket-sized test,” he says. you and your firm,” says Megan Hill, notebook with him at all times. Mondaq’s North American Director. Ultimately, the key is to write about issues The process may be faster if you start with that are on the minds of your readers when Pitching and Selecting a topic on which you have written before. they are actually seeing your article. Publications Consider editing the earlier piece to fit After doing so, perhaps you too will have the publication and its audience by an experience like Anderson at your next Most hopeful writers cannot spare the expanding on a concept or just using one meeting. time, but the solution to properly valuing idea on which to create a new work. your effort is to pitch your idea before Bennett agrees and suggests that prospec- Ari Kaplan is a lawyer and a writer in the New York- setting pen to paper (or finger to key- tive writers turn something as simple as an area. He teaches a popular course on the mechanics of board). This requires a simple one- idea expressed in an office memo, which getting published at law firms and other organizations paragraph e-mail describing your thesis can be adapted for a wider audience, into nationwide. He is also the author of The Opportunity in a sentence or two, why you are the an article with practical appeal. “It is Maker from Thomson-West. To receive a set of appropriate person to write the piece and something that can allow you to do a 2008 editorial calendars, visit its relevance to the publication’s reader- relatively small amount of work and obtain www.AriKaplanAdvisors.com. ship. “It is easier to write something when a fairly substantial benefit,” he says.