This comment examines several methods of attorney advertising and soliciation available on the Internet to determine whether the communications violate ethics regulations or breach netiquette. It also traces the history of advertising and solicitation in the United States from Bates v. State Bar of Arizona to Shapero v. Kentucky Bar Association. While the issue of attorney advertising in the Internet has not been addressed by the courts, analogies to traditional forms of advertising suggest guidelines for attorneys to follow when advertising on the Internet. Attorneys can and should carefully engage in advertising and solicitation on the Internet if all ethics regulations and netiquette are followed. The author proposes a Model Code for Advertising and Soliciation in Cyberspace for attorneys to follow when advertising on the Internet, and for states to consider adopting when revising ethics regulations.
Brian G. Gilpin, Attorney Advertising and Solicitation on the Internet: Complying with Ethics Regulations and Netiquette, 13 J. Marshall J. Computer & Info. L. 697 (1995)