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Politics : Actual left/right wing discussion

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From: TimF	9/20/2006 4:46:21 PM
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Kentucky Lawyers Must Pay $50 for Each Post They Blog - Will New York Law Bloggers Find It Much Harder To Blog? Gregory Beck of Public Citizen points to proposed New York bar rules that might make lawyer blogging prohibitively difficult. Under the rubric of regulating lawyer advertising, the rules will apply to "any public communication made by or on behalf of a lawyer or law firm about a lawyer or law firm, or about a lawyer’s or law firm’s services" (which is how they define "advertisement"). A New York lawyer blog in which the lawyer gives a brief biography of himself would literally qualify, since that's a "public communication made by ... a lawyer ... about a lawyer." Certainly a post noting the author's new article, forthcoming talk, or forthcoming media appearance would qualify. Presumably so would a post about another lawyer -- the definition doesn't say "public communication made by ... a lawyer ... about himself" or "about such lawyer," but "made by ... a lawyer ... about a lawyer." And what are lawyer-bloggers bound to do with regard to such "advertising"? Most clearly, they are required to: 1. print the blog each time a new post is posted (since that constitutes a "modification" of the "advertisement" that is the blog itself), and keep the printed copy for at least a year; 2. send the attorney disciplinary committee a copy of the blog each time a new post is posted, and certainly each time a new post that mentions an attorney is posted; 3. label their blogs "Attorney Advertising" on the front page -- even though such a label might itself be misleading -- unless the blog falls in the category of a "newspaper, magazine or other periodical" (a plausible interpretation, but far from certain); and 4. include the lawyer's or law firm's actual name "in a type size as large as the largest type size used on the site" -- likely the huge font that most sites use for their header -- unless the lawyer's or law firm's name appears in the site's domain name... volokh.com

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