Last year, a New Jersey State Bar Association (NJSBA) committee examining the attorney advertising rules acknowledged that technology has opened new avenues for attorney solicitations and advertising that have the potential of colliding with the current advertising and ethical rules, particularly those intended to prevent direct solicitation during times when an individual is most vulnerable, like in the immediate aftermath of a disaster. In recommending that the 30-day ban on solicitations following a mass disaster be expanded to apply to all accidents, the ad hoc committee noted that technology changes provide new reasons for such a ban that did not exist when a similar proposal was considered almost a decade ago. Electronic devices open up a whole new world of potential solicitation that requires specific examination and debate.
A recent inquiry to the Advisory Committee on Professional Ethics (ACPE) illustrates the ethical issues that are likely to arise in connection with the new era of obtaining clients through internet advertising.
