Another Murky Opinion on Lawyers Buying Keyword Ads on Other Lawyers’ Names–In re Naert

18 11 2015

Technology & Marketing Law Blog

October 3, 2015

Eric Goldman

I recently posted a co-authored article, Regulation of Lawyers’ Use of Competitive Keyword Advertising, discussing lawyers’ use of competitive keyword ads triggered by other lawyers’ names. That article examines both IP laws and attorney rules of professional conduct and explains why buying lawyers’ names for competitive keyword ads is permissible and desirable. If you haven’t read it, it will be a helpful foundation for the rest of this post.

In light of our paper, a new opinion from South Carolina Supreme Court left me scratching my head. The case reached the Supreme Court as an “Agreement for Discipline by Consent” between the state bar counsel and Zachary Naert–basically, a settlement agreement. The Supreme Court approved the settlement in an opinion with scant analysis.


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