Restricting the use of social media – Is the ABA on the right path?

There is a great deal of heat generated thus far over the ABA looking into the issues of internet marketing/advertising/promotion … They have not overtly yet taken a position, only solicited commentary for the ethics commission to consider.

Yet, many bloggers and commentators believe that the ABA is seeking to destroy the marketing advantage gained in the social media by sole and small firm practitioners.

The mood of the country, as seen in the recent election, appears to be that less is more. (Though I believe that that is true only as an electioneering slogan — just wait until "they" get into power.) Translating that feeling, though, into the legal world and we want fewer rules to regulate our conduct.

Yes, there are enough rules already on the books to protect the innocent and govern the "guilty." But, new technology does require a new look … perhaps even a loosening of the current ad hoc rules. Frankly, I’d rather have the ABA review these issues than the many states who tend to take a far more restrictive stance than does the ABA.

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