Richmond lawyer Horace Hunter is fighting the Virginia State Bar on the issue of website disclaimers. Unfortunately, I’ll bet he’s going to lose. (Thanks to Carolyn Elefant for pointing the story out!)
According to a Washington Post article, the Bar has taken issue with the lawyer’s lack of a disclaimer on his website. It sounds like Horace is claiming the Bar is trampling his First Amendment rights.
Disclaimers are clearly required by Rule 7.2(a) under several circumstances. It’s not a gray area, and it’s not a best practice. It’s a black-and-white rule.
Disclaimers are required in three instances: endorsements by …