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Editor: Ben W. Glass
Profession: Attorney at Law

Category: Ethics and Regulation

The Texas State Bar is now attempting to profit from lawyers use of Facebook, Linkedin, YouTube and the like. It's trying to extract $75.00 each time a lawyer posts a video on one of these sites, contending that videos that "solicit" legal services are each an ad, subject to Texas' ridiculous and probably unconstitutional requirement that lawyers have their advertising "pre-approved."

So here's what I would do:

1. Don't make the video about your services. Instead, simply provide meaningful information. Instead of saying "if you've been hurt, call me" say something like here are the top three things you ought to do if you are getting called by a pesky insurance adjuster. This type of video ought to be fully protected by the First Amendment and not subject AT ALL to state regulation.

2. If what you are posting on YouTube is a recycling of video already on your website, there would be no need to have the exact SAME content "approved" again.

3. Finally, while most YouTube videos are three minutes or less, we are often shooting for hours to get the perfect three minutes. In order to get your $75.00's worth from the Texas State Bar, send them five hours of video, telling them to go through it and let them know if ANY of it is objectionable. In other words, don't send them three three minute snippets (each costing you $75.00) let 'em enjoy the afternoon!

Here's the release from the Texas State Bar.

Attorney or law firm videos disseminated on video websites such as YouTube, MySpace, and Facebook that solicit legal services are considered advertisements in the public media and are required to be filed with the Advertising Review Committee. The application can be downloaded at the Advertising Review website at www.texasbar.com/adreview. The fee is $75. Failure to file can result in a fine/fee of $300, and possible disciplinary action. If you have any questions, please contact the Advertising Review Committee at (866)566-4616.