New York City Bar Association issues ethics opinion addressing LinkedIn profiles and New York attorney advertising rules

Hello and welcome to this Ethics Alert blog which will discuss the recent Formal Opinion of the Association of the Bar of the City of New York Committee on Professional Ethics which concluded that a lawyer’s LinkedIn profile is not subject to New York Bar advertising rules if it is not posted specifically for the purpose of attracting clients and the profile will be considered to be attorney advertising only if it meets all five of the criteria listed in the opinion.  The opinion is Formal Opinion 2015-7: Application of Attorney Advertising Rules to LinkedIn (December 2015) and the link to the opinion is here:

According to the opinion, a New York lawyer’s LinkedIn profile or other content will be considered to be lawyer advertising only if it meets all five of the following criteria:

  • it is a communication made by or on behalf of the lawyer;
  • the primary purpose of the LinkedIn content is to attract new clients to retain the lawyer for pecuniary gain;
  • the LinkedIn content relates to the legal services offered by the lawyer;
  • the LinkedIn content is intended to be viewed by potential new clients; and
  • the LinkedIn content does not fall within any recognized exception to the definition of attorney advertising.

The opinion further states that “(g)iven the numerous reasons that lawyers use LinkedIn, it should not be presumed that an attorney who posts information about herself on LinkedIn necessarily does so for the primary purpose of attracting paying clients. For example, including a list of ‘Skills’, a description of one’s practice areas, or displaying ‘Endorsements’ or ‘Recommendations’, without more, does not constitute attorney advertising.”

The opinion concludes that: “(i)f an attorney’s individual LinkedIn profile or other content meets the definition of attorney advertising, the attorney must comply with the requirements of Rules 7.1, 7.4 and 7.5, including, but not limited to: (1) labeling the LinkedIn content ‘Attorney Advertising’; (2) including the name, principal law office address and telephone number of the lawyer; (3) pre-approving any content posted on LinkedIn; (4) preserving a copy for at least one year; and (5) refraining from false, deceptive or misleading statements. These are only some of the requirements associated with attorney advertising. Before disseminating any advertisements, whether on social media or otherwise, the attorney should ensure that those advertisements comply with all requirements set forth in Article 7 of the New York Rules.

Bottom line:  According to this New York City ethics opinion, a LinkedIn profile will not be considered to be a lawyer advertisement unless certain conditions are met.  It is my opinion that most, if not all, other jurisdictions would agree with this analysis and opinion.  This opinion provides a good summary of the conditions which may cause a LinkedIn profile to become a lawyer  advertisement.

Be careful out there!

Disclaimer:  this e-mail is not an advertisement and does not contain any legal advice and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

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Clearwater, Florida 33759

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NOTICE OF CONFIDENTIALITY:  This electronic communication and the information contained herein is legally privileged and confidential proprietary information intended only for the individual and/or entity to whom it is addressed pursuant to the American Bar Association Formal Opinion No. 99-413, dated March 10, 1999 and all other applicable laws and rules.  If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited.  Any unauthorized use, distribution, or disclosure of this communication is strictly prohibited.  If you have received this in error, please notify us immediately by return e-mail at the above telephone number and then delete message entirely from your system.  Thank you for your cooperation.

About jcorsmeier

Joseph A. Corsmeier is an “AV” rated attorney practicing in Clearwater, Florida. He concentrates his practice primarily in the areas of defense of attorney disciplinary matters before The Florida Bar, attorney admission matters before the Florida Board of Bar Examiners, and professional license and disciplinary matters before the Boards of the State of Florida. He provides expert analysis and opinion on conflict of interest and other attorney disqualification and legal malpractice issues and he testified as an expert in the Florida courts. He served as an Assistant State Attorney in the Sixth Judicial Circuit from 1986 to 1990 where he prosecuted felonies exclusively from June 1987, and as Bar Counsel for The Florida Bar’s Department of Lawyer Regulation from 1990 to 1998. He also practices in the areas of estate planning and Medicaid qualification, workers’ compensation, and labor law. Mr. Corsmeier is the author of numerous articles for various bar publications, has spoken at numerous local and statewide seminars on various topics, including ethics and professionalism, and was an instructor of legal ethics for paralegals at Rollins College until the Tampa campus closed. He received his undergraduate degree from Florida State University and his J.D. from Mercer University. He is admitted to practice in all Florida Courts, the Supreme Court of the United States, the United States Court of Appeals for the Eleventh Circuit, and the Middle District of Florida. He is a member of The Florida Bar, American Bar Association, the Association of Professional Responsibility Lawyers, and the Clearwater and St. Petersburg Bar Associations.
This entry was posted in 2013 comprehensive Florida advertising rule revisions, Attorney ethics, corsmeier, Florida lawyer advertising, Florida Lawyer comprehensive advertising rule revisions, joe corsmeier, joseph corsmeier, Lawyer advertising, Lawyer advertising on, Lawyer Ethics, Lawyer ethics and social media, Lawyer ethics opinion, Lawyer ethics opinions, Lawyer Professional Responsibility, Lawyers and social media. Bookmark the permalink.

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