About this Blog

The Boundaries of Legal Marketing is all about the rules and policies that govern client development for legal services, in short lawyer advertising, marketing, and sales. It has been an area of controversy within the organzied bar for over a century and it deserves a forum for the views to be aired.

Throughout the 1990s I was staff counsel to the ABA Commission on Advertising. Before the widespread use of email and availability of the Internet, the Commission published a six-page newsletter called Lawyer Advertising News. It reported on changes in the state rules governing lawyer advertising, marketing and solicitation, cases that interpreted the lawyer's First Amendment rights, ethics opinions that interpreted the rules and novelties in client development such as the lawyer in Hawaii who promoted his admiralty practice to sailor by distributing condoms.

My vision of this blog is the resurrection of Lawyer Advertising News, not as a publication of the ABA, but as an independent forum in an interactive electronic format. Like the newsletter, this site, I hope, will prove to be a quick and easy way for viewers to get information about these developments.

Ultimately I hope this space serves as a forum for an exchange of views on issues that are important to the delivery of legal services and our professional responsibilities. I encourage people with any point of view to express themselves on the issues. Are lawyers advertising in totally irresponsible ways? Are the states imposing too much restraint? Will we ever be able to balance these issues? Please share your perspective. WH

About Will Hornsby

Will Hornsby has served as staff counsel at the American Bar Association since 1988. He provided support for the Commission on Advertising from 1990 until the Commission was sunset by the ABA in 2002. He has also provided staffing for the Standing Committee on Professionalism, the Committee on Research on the Future of the Law, the ABA Presidential Commission on Access to Justice and the Standing Committee on the Delivery of Legal Services.

Will has authored an array of materials including books, white papers and law review articles. Notably, he has written
-Marketing and Legal Ethics: The Boundaries of Promoting Legal Services, published by the ABA Law Practice Management Section in 2000;
-Lawyer Advertising at the Crossroads: Professional Policy Considerations, published by the ABA Commission on Advertising in 1995;
-Clashes of Class and Cash: Battles for the 150 Years War to Govern Client Development, 37 Ariz. St. Law J. 255 (2005);
-Ad Rules Infinitum: The Need for Alternatives to State-based Ethics Governing Legal Services Marketing, 36 Univ. of Richmond L. Rev. 49 (2002)

He has also spoken on issues of client development, technology and ethics in variety of settings, including
-The 2005 American Bar Association Annual Meeting, TTIPS workshop on the ethics of technology;
-The 2005 ATLA Annual Meeting Marketing Seminar on the ethics of client development;
-The 2004 Arizona State University Law Journal Symposium on Lawyer Advertising;
-The 20th Annual Jefferson B. Fordham Debate at the S.J. Quinney College of Law, University of Utah; and
-Luncheon Keynote Presentation at the 2003 Marketing Partner Forum

Will is an adjunct professor at the John Marshall Law School Center for Information and Privacy Law, where he teaches the nation's first course on the professional responsibility of a technology-based law practice.

He is also a hearing panel chair for the Illinois Registration and Disciplinary Commission, where he hears disciplinary complaints against Illinois lawyers.

Other Items to Note Here

Although I work for the American Bar Association, this site and all of its contents are completely and absolutely separate from that work. Nothing herein should be construed as the policies of the ABA or any of its constituent entities.

Finally, a huge thank you to Kevin O'Keefe and the Lexblog for help in putting this site together. I work with the concepts involved in technology, but am far removed from the magic that makes it all happen. Kevin and his staff have provided that and I appreciate it very much.