Panel offers guidance to bring lawyers’ Web sites into compliance

first_img Panel offers guidance to bring lawyers’ Web sites into compliance Mark D. Killian Managing EditorThe Bar’s Standing Committee on Advertising on December 29 approved guidelines to help lawyers meet the Supreme Court’s new rules regulating the content of lawyers’ Web sites.Chair Adam Schwartz said the guidelines allow lawyers to use disclaimers to designate parts of their Web sites as “information upon request” zones, which would mean that those sections would not be subject to the lawyer advertising rules.Schwartz said the guidelines were carefully drafted to balance lawyers’ First Amendment rights to advertise their services with the committee’s duty to protect the public.The activity follows a ruling by the Supreme Court in November that all Bar advertising rules, except the requirement they be submitted to the Bar for review, apply to lawyer Web sites.The court’s ruling means several common attributes of attorney Web sites — including testimonials, statements that characterize the quality of work, or information about past results — are not allowed under the revised Web site rule.In December, the Board of Governors voted for a six-month enforcement moratorium on new advertising regulations affecting lawyer Web sites, since the timing of the ruling makes it extremely difficult for lawyers to get their Web sites in compliance by the January 1 implementation date.In reaction to the court’s ruling, the board decided that the Bar will not review attorney Web sites, even if they are voluntarily submitted by lawyers seeking to comply with the rules, since the Web sites can run to hundreds of pages if printed out and can be changed several times a day. The Bar’s ethics and advertising staff will, however, provide guidance to lawyers asking specific compliance questions.Schwartz said the guidelines allow lawyers to use disclaimers to designate parts of their Web site as “information upon request” zones, which would mean that those sections would not be subject to the lawyer advertising rules. But first, the Web site visitor would have to view a disclaimer page that clearly indicates what information will be viewed. That page could include whether all results or client testimonials are provided; that the results or testimonials are not necessarily representative of results obtained by the lawyer or all clients’ experience with the lawyer; and that a prospective client’s individual facts and circumstances may differ from the matter(s) in which the results or testimonial are provided.The page would also state that the information behind the disclaimer is not regulated by Bar advertising rules, although it would be covered by other rules that prohibit the information from being false or misleading.The information would be considered “upon request” only if the lawyer sets up the Web site to block the area containing past results and testimonials from viewers who have not submitted acknowledgement of viewing the disclaimer page, and the testimonials and/or past results would only be shown upon submission of the agreement after viewing the disclaimer page.The guidelines read:“Lawyer and law firm websites must comply with the general lawyer advertising requirements set forth in Rule 4-7.2, Rules Regulating The Florida Bar. Although websites must comply with these requirements, they are not required to be filed with The Florida Bar for review. Rule 4-7.8(f), Rules Regulating The Florida Bar. The Florida Bar Board of Governors has adopted a policy that The Florida Bar will not accept voluntary filings of the entire contents of a lawyer or law firm website, although staff of the Ethics and Advertising Department will respond to specific questions involving a specific phrase or image to be included on a website. To make such an inquiry, please call the Ethics and Advertising Department at (800) 235-8619.“Many law firm websites may contain information that is prohibited by the lawyer advertising rules, such as testimonials or endorsements from clients and others, past results of the law firm, and statements characterizing the quality of legal services (for example, the firm offers high quality legal services, or excellent legal services).“The Standing Committee on Advertising has determined that a lawyer or law firm can create a portion of the website which contains information that can be provided only at the request of a prospective client, and is, therefore, not subject to the lawyer advertising rules under Rule 4-7.1(f). Testimonials and endorsements, past results, and statements characterizing the quality of legal services may be included in such a section if the information provided is truthful and not misleading, either by itself or in the context in which it is given. If testimonials or past results are provided, sufficient information about the matter also must be provided to allow the consumer to evaluate the testimonials or results. Testimonials and past results may be included only with the informed consent of the client to which the matter relates (see Rule 4-1.6(a), Rules Regulating The Florida Bar). In order to be considered information that is given at the request of a prospective client, the information must be accessible only after viewing a disclaimer page and making an affirmative acceptance that the viewer has received the disclaimers provided below.“The disclaimer page must clearly and prominently indicate the following:• the type of information that will be viewed;• that the information is not reviewed or approved by The Florida Bar.“If past results are provided, the disclaimer page must indicate:• that a prospective client’s facts and circumstances may differ from the matter in which results have been given;• whether all results are provided;• that the results are not necessarily representative of results obtained by the lawyer; and• that every case is different, and each client’s case must be evaluated and handled on its own merits.“If testimonials are provided, the discliamer page must indicate:• that a prospective client’s individual facts and circumstances may differ from the matter(s) in which the testimonials are provided;• whether testimonials of all clients are provided; and• that the testimonials are not necessarily representative of all clients’ experience with the lawyer.“On the disclaimer page, the viewer must acknowledge receipt of the information before being given access to pages with information including past results, testimonials, or statements characterizing the quality of legal services. The lawyer should not require that viewers provide information about themselves in order to access the information.“Lawyers may use a disclaimer page, a pop-up, or any other technological mechanism as long as the above guidelines are followed, and the above information cannot be accessed without viewing the disclaimer page and making an affirmative acknowledgement of receipt of the disclaimer. For example, the website must be set up in such a way that the above information cannot be viewed as a result of a general search engine or site search without displaying the disclaimer page each time.“Alternatively, lawyers may provide a section of the website in which a viewer, at the viewer’s option, may provide contact information and make a specific acknowledgement that the viewer would like to receive specific information about the lawyer or law firm. After receipt of the contact information and acknowledgment, the lawyer or law firm may send the viewer information by either e-mail or regular U.S. Mail, as long as the information is truthful and not misleading, either by itself or in the context in which it is given. The lawyer or law firm must provide the same disclaimers to the recipient and follow the same guidelines noted above.” Sample Disclaimer PageIf you are interested in viewing information about the lawyer/firm’s past results and testimonials about the lawyer/firm, please read and acknowledge the information below. The information in this section contains information about the lawyer/firm’s past results, testimonials about the lawyer/firm, and statements regarding the lawyer/firm’s quality [ Note to Lawyers: you must also list the category of any other information provided that is not otherwise in compliance with Rule 4-7.2 here]. The information has not been reviewed or approved by The Florida Bar. You should know that:The facts and circumstances of your case may differ from the matters in which results and testimonials have been provided. All results of cases handled by the lawyer/firm are not provided and not all clients have given testimonials. The results and testimonials provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits. I acknowledge that I have read and understand the above information and would like to view the information. [Hypertext link to the additional information.]I do not want to view the information. [Hypertext link to home page of website.] [Note to Lawyers: the viewer must check each box in order to reach the additional information on the website.] January 15, 2010 Managing Editor Regular Newscenter_img Panel offers guidance to bring lawyers’ Web sites into compliancelast_img read more

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Man United have ‘intensified contacts’ for signing – Agents travel to…

first_imgAlex Telles very much deserves a move to the big time. The FC Porto player has repeatedly been linked with Premier League clubs such as Leicester City and Chelsea, yet when it’s come to the crunch they’ve gone for different options.Now it’s Manchester United who are said to be pushing ahead.Monday’s edition of A Bola states Ole Gunnar Solskjaer’s club have ‘intensified contacts’ to sign the Brazilian left-back. Sevilla are also presented as keen, but it’s made clear United are very much out in front.A Bola explain the deal is so far down the line that Telles’ representatives have travelled to Manchester, with the intention of pushing everything along and concluding a deal.This could be a good value signing for Manchester United, considering the 27 year old’s contract with Porto expires in June 2021.Porto therefore can’t ask for a huge fee, and it’s likely they’ll receive less than the €30m PSG recently considered paying.by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksTrending TodayDBSJoseph Schooling: A changed swimmer believes he can write a new storyDBSUndoHero Wars根本不可能获得这个宝藏!来证明我们错了Hero WarsUndoForge of Empires – Free Online GameWill You Build The Most Beautiful City?Forge of Empires – Free Online GameUndoTip ParentsBaby Keeps Waking Up With Scratches, Mom Checks Camera And Calls CopsTip ParentsUndoWealthMastery.asiaThis Singaporean Couple is Disrupting A $3 Trillion IndustryWealthMastery.asiaUndoGloriousa30 Wedding Photos That Went Horribly WrongGloriousaUndoRaid: Shadow Legends | Free DownloadThe Fantasy World of This Game Is Like Nothing You’ve Ever Seen BeforeRaid: Shadow Legends | Free DownloadUndoDaily Sport XShe Was A Legendary Actress – Today She Works 9 To 5Daily Sport XUndoSingtelGet 50GB for $35 on SG’s #1 network.SingtelUndolast_img read more

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Across The Line – August 14th, 2020

first_imgOn this evening’s edition of Across The Line with Shane Brophy, we’ll be focusing on the final weekend of group stage action in the FBD Insurance County Hurling Championship:– Dan Breen Cup preview with former Tipperary net minder Ken Hogan and hurling writer Michael Dundon.– O’Riain Cup preview with Eamonn Wynne of the Nationalist & John Delaney, PRO of North Tipperary GAA.– A round up of all the other GAA and soccer fixtures, as well as a ladies football preview with Tony Smith.Tipp FM Radio · Across The Line – August 14th, 2020 Shane Brophy on Across the Line | Photo (c) Tipp FMlast_img

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Smithsonian giving visitors a virtual look inside Apollo 11

first_imgWASHINGTON | They are bits of space graffiti hidden from the public for decades: a crude calendar, scrawled lunar coordinates and markings warning of a locker containing “smelly waste.”Apollo 11 astronauts left those scribbles inside the spacecraft that took them on their historic mission to the moon in 1969, but now the public will get to see them for the first time.This image provided by the Smithsonian Institution shows part of the interior of the Apollo 11 command module that shows graffiti left by astronauts Neil Armstrong, Buzz Aldrin and Michael Collins. A calendar hand drawn on the wall marking days in space and scribbled warning instructions to not open certain doors are some of the things the public will be able to see as part of a new, 3D look inside the spacecraft that took astronauts on America’s historic 1969 mission to the moon. (Smithsonian Institution via AP)National Air and Space Museum officials presented a preview Thursday of a virtual 3-D model that will allow the public a look inside the car-sized Apollo 11 command module. No longer will the public have to try to peer inside through one of the capsule’s small windows or hatch.The new model will allow anyone to examine the craft’s controls and see writing left by its three astronauts: Neil Armstrong, Buzz Aldrin and Michael Collins. (Aldrin says he’s pretty sure the calendar was Collins’ handiwork.)Some of the markings left by the astronauts have to do with maneuvers they had to make to reach the moon, information it was easier to have written near the craft’s instruments. Others writings are less technical: “launch day urine bags” reads an inscription on one locker. On another: “smelly waste.”“They just wanted to warn themselves that this is probably a locker that they should probably leave closed until after the mission was over,” said Allan Needell, a curator of space history at the Smithsonian who oversees Apollo artifacts.The Apollo 11 command module, called “Columbia,” has been one of the star attractions at the National Air and Space Museum since its opening in 1976. But climbing inside has never been allowed. Even curators have been reluctant to go inside and risk damaging it.The model expected to be available online this summer will let the public maneuver around the craft themselves and even print their own 3-D model of it. Eventually, a virtual reality experience will let visitors feel like they’re sitting inside the capsule. To make the model, experts spent two weeks scanning the inside and outside of the craft with lasers. They also took thousands of pictures.Needell, who has overseen study on the command module for almost 20 years, says even he saw new things during the model’s creation. One piece of astronaut graffiti curators found written on a wall was a crude calendar of July 1969. It begins on the day the craft launched from Florida’s Cape Canaveral, July 16, 1969, and ends with the day the craft returned to Earth, July 24, the only day that is not crossed off. Needell says that in space, the astronauts wouldn’t have sunrise and sunset to keep track of the day, so the calendar would have helped.Needell said he called Apollo 11’s two living astronauts, 85-year-old Michael Collins and 86-year-old Buzz Aldrin, to ask about the writings. Aldrin felt the calendar “sounds like something Mike would have done,” but it is still “a puzzle,” Needell said.It was Collins who was alone in “Columbia” while Aldrin and Neil Armstrong, who died in 2012, descended to the moon’s surface. There’s nothing special written on July 20 — the day Armstrong became the first man on the moon. On the capsule’s calendar, it’s just another day that’s crossed out.Follow Jessica Gresko on Twitter at twitter.com/jessicagresko. Her work can be found at https://bigstory.ap.org/content/jessica-greskoThis story has been corrected to reflect that Armstrong, not Aldrin, was first man on the moon.last_img read more

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Retail association predicts joyous holiday season

first_imgIn the toy world, sellers are counting on a number of electronic toys such as webcams and new versions of digital music players to excite children. Today, Mattel Inc.’s Fisher-Price unveils at Toys “R” Us and other major toy sellers its Elmo T.M.X., an enhanced interactive version that until now has only been seen by a small group of toy executives. Such stealth marketing could help create some much-needed buzz, helping to jump-start the holiday season. Overall, the good news is that retreating gasoline prices could help offer some relief this holiday season to discounters such as Wal-Mart Stores Inc., whose core low-income consumers have pulled back on spending. But worries remain about the deteriorating housing market, and how it will affect middle-income shoppers. Whether the housing market will have a soft landing or, as some fear, suffer a prolonged slump remains to be seen. But a big source of cash – home equity lending – is drying up as higher interest rates and the leveling off of housing prices have made such financing less attractive. Meanwhile, according to the latest government report, the job market bounced back in August, easing concerns that the slowing economy isn’t in danger of fizzling out. “The lower gasoline prices creates a halo effect for the holiday season,” said Janet Hoffman, managing partner of the North American retail division of Accenture, a consulting firm. “The thing that concerns me overall is the sluggish housing market and the ripple effect” on categories such as home improvement. She said the big question is whether consumers will be diverting their purchases to other areas such as electronics and apparel this holiday season.160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set! AD Quality Auto 360p 720p 1080p Top articles1/5READ MOREThe Christmas Truce of 1914 proved that peace is possibleShoppers have remained resilient throughout the year even amid rising gasoline costs, though the nation’s merchants are experiencing a slight slowdown starting this summer. From the January through June period, retailers averaged almost a 4.1 percent gain in sales at stores opened at least a year, known as same-store sales, according to the International Council of Shopping Centers-UBS tally. Same-store sales are considered the best indicator of a retailer’s health. In July, the nation’s merchants posted a 3.9 percent gain in same-store sales and a revised 3.8 percent increase in same-store sales in August, which was fueled by a solid back-to-school shopping season and a strong drugstore business. But strong August sales figures from teen retailers such as American Eagle Outfitters Inc. and Abercrombie & Fitch Co. appeared to mask some signs of restraint in the monthly results at apparel merchants that cater to adults. That has left the outlook for the holiday season unclear. J.C. Penney Co., which usually reports robust sales gains, reported disappointing August results, citing weak sales in big-ticket items such as furniture. The exceptions have been luxury stores such as Neiman Marcus Group Inc., whose shoppers continue to splurge on status handbags and apparel. Michael Niemira, chief economist at the International Council of Shopping Centers, expects same-store sales to be up 3 percent for the November-December period. That compares with 3.5 percent in the year-ago period. NEW YORK – Holiday sales are expected to rise 5 percent this year, less than the 6.1 percent of the year-ago period, as consumers face still-high energy costs, rising interest rates and a cooling housing market, the National Retail Federation said today. The world’s largest retail trade association estimates that total retail sales for the combined November and December period should reach $457.4 billion, compared with $435.6 billion in the year-ago period. The figures include business from grocery stores, health and personal care stores, home improvement stores, office supply stores and florists. Total sales, however, exclude business from auto dealers, gas stations and restaurants. “Consumers have faced a number of economic challenges this year and have taken them in stride,” said Rosalind Wells, chief economist of the National Retail Federation, in a statement. “Although sales will not be as robust as last year, retailers can still expect above-average holiday sales growth.” last_img read more

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