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The Friday Whine By BRIAN L. TANNEBAUM August 31, 2018

Posted on August 31, 2018 in

The Friday Whine is a casual email to friends and colleagues and contains three things: An ethics update, and a wine recommendation. If you see text in blue, it is a link to an article or information.


The ABA Welcomes the Internet to Attorney Advertising 

The American Bar Association recently voted to accept the fact that the internet is becoming a bigger part of attorney advertising, and amended its Model Rules. A not so small footnote for me, is that my little group of ethics lawyers, the Association of Professional Responsibility Lawyers, wrote the proposal that was adopted by the ABA.

So what does it do?

First, it loosens the solicitation rule. It now allows direct solicitation of not just lawyers or former clients, but “a person who routinely uses for business purposes the type of legal services offered by the lawyer.”

Second, it clarifies that posting something on the internet (a blog post, article) is not “solicitation.”

Third, email and text is not solicitation, because it’s not “live” and can be “disregarded” by the recipient.

It also makes some other changes to attorney advertising, and focuses on what should be the focus – just don’t say anything false, misleading, or deceptive.

So this is the new law in Florida for lawyers?

NO. Not yet.

It may be in about 2 years if Florida can be convinced that it’s not the end of the world, but the Model Rules are not anything more than something for states to eventually adopt. Hope springs eternal, I guess.

So don’t get too excited, yet.


Substance for Football

This weekend begins football season, and I know you’re probably looking for that cheap red you can have sitting around to drink and also share with those who come over to watch games, showing up with half of a six-pack of beer and a bag of chips.

I found it.

Although it’s now available at your local Total Wine (maybe), it’s not easy to find. If you see it, grab a few bottles.

Substance is a Washington State Cabernet, and it’s $13. It tastes nothing like a $13 wine. I’ve written about it before, but now it’s time to stock up. Substance makes a few other wines, but I’ve only had the cabernet. It drinks like a $25 cabernet and will do just fine with your chicken wings and seven layer dip.