In this electronic age, should the ABA be freer with its rules and opinions?

Carolyn Elephant, at My Shingle, renews the debate in light of New Yorks' "ethics app."

Comments

[Mike Frisch]

In my opinion, jurisdictions (such as Maryland)that decide to not make their ethics opinions available to the public fail in the obligation of transparency.

[Carolyn Elefant]

Since my post, I have been playing around with the app, searching for New York's rules on solo practice. While I consider myself reasonably informed, I was shocked to discover that the opinions addressed issues that I had not even thought about. While many lawyers couldn't care about ethics opinions, I think that many simply don't realize that a bar may have addressed an issue - like requiring advertising disclaimers - that a lawyer may not have thought about. Likewise, some lawyers are under the impression that certain practices like cloud computing or accepting credit cards are unethical - and the opinions offer a blue print on how to undertake these actions compliantly. It is an incredible tool and I think that all bars should follow this lead.

[John Steele]

Thanks, Mike and Carolyn. I agree that transparency should be the norm. California has made its Publication 250 (our rules and statutes compendium) available on Kindle for just $4.99. Free would be best, but that's very low price for the value of all the gathering they've done, and the same publication is free as a pdf on the State Bar website.

http://www.legalethicsforum.com/blog/2011/10/california-bars-publication-250-ie-its-rules-and-statutes-compendium-now-available-on-kindle.html

[Rick Underwood]

When I wrote Trial Ethics (which nobody bought) Fortune and I put the Model Rules in the back of the book, and we had to pay! I was not amused. I was the Model Rules Chair in Kentucky and pushed the Rules through. I thought I might get a break. No Way! The ABA President was then, a Kentuckian (same now - wow). Anyway, the Pres. had no sympathy. I seem to recall that he later lost $50K in cash in a hotel. His clients money. I wonder if he filed one of those IRS things? Hmmm.

The Law is not a mere money getting trade. I think Socrates said that ... but they killed him, didn't they.

[Carolyn Elefant]

John,

I have no issue with paying $4.99 for an app - honestly, I would have paid $15 or $20 for the NYSBA app, it is that good. Five dollars is well worth the convenience for California lawyers to have the materials readily available and I think that anyone who can afford a smartphone can surely afford that price.