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This June marks 47 years since the U.S. Supreme Court decided Bates v. State Bar of Arizona, determining that commercial speech merited First Amendment protection. The decision allowed attorneys to supply consumers with valuable information about the availability and cost of legal services — in other words, advertising.
The ABA drafted and then adopted the Model Rules of Professional Conduct by 1983, and state Supreme Courts followed suit, adopting the ABA rules but not always identically. States modified language to preserve the integrity of their own manner of practicing law, or added aspirational rules, and with those additions the rule names and numbers no longer aligned with the ABA's Rule. Adding to the confusion were comments and opinions added to the rules, meant to assist with rule interpretations but often adding layers of information that lacked clarity.
If legal marketing professionals are looking for the absolutely clear and consistent rules about attorney advertising that every firm can or should follow, know that the search is futile because the states not only modified the rules but called them by other names including codes, guidelines, standards, oaths, principles, pillars or tenets.
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What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.