BY SVIATLANA LIASHCHYNA
as seen in Issue-36 of a360inc's Compliance Newsletter
By now, it’s clear that social media and electronic communications are not novelties. Instead, they have become mainstream staples that are used for a large portion of communications, advertising, commerce, and news. Despite all this, it may still surprise some that social media and emails can be used for service of legal process. In August 2018, the Pennsylvania Civil Procedural Rules Committee advised that it is planning to propose to the Supreme Court of Pennsylvania the amendment of Pa.R.C.P. No. 430, which governs service by order of the court. This would allow service via email or social media account upon receipt of the court’s order and if service cannot be made under any other rule. Pennsylvania is not the first state in the country to modify its service rules to adapt to technology changes and platforms.
Alternative means of service have been used more consistently and for a longer time than you may realize. Mostly, they have been used by courts in different jurisdictions to effectuate service of foreign defendants based on the Federal Rules of Civil Procedure Rule 4(f)(3).
BY SVIATLANA LIASHCHYNA
as seen in Issue-35 of a360inc's Compliance Newsletter
In August, the American Bar Association (ABA) amended the Model Rules of Professional Conduct related to legal advertising. The purpose of the modifications is to modernize and simplify the advertising rules for lawyers to reflect changes in the existing legal landscape. In recent years, individual states have modified the advertising rules and this has caused a significant discrepancy in approach to this complex area. In this article, we will summarize the adopted modifications and share some compliance considerations related to legal marketing.
Prior to the 1977 Supreme Court decision in Bates v. State Bar of Arizona, lawyers were not allowed to advertise their services. In Bates, the court ruled that a lawyer advertising is considered commercial speech, which is entitled to the protections of the First Amendment. The decision allowed lawyers to advertise in a manner that is not misleading to members of the general public. The decision also rejected the prohibitions of advertising by lawyers as “an antiquated rule of etiquette.”
Sharing trends and best practices to help you improve your processes and maximize your profitability.