Essentially, reports BLOOMBERG BUSINESS WEEK, the high court in VA ruled that attorney Horace F. Hunter could discuss his victories in past cases on his blog and website, even without the permission of the clients involved. However, since the Court interpreted that presentation as advertising, Hunter would have to put a disclaimer on the site. That would advise readers that past results do not guarantee any future results.
Hunter partly got off the hook because of the First Amendment protection of commercial speech. But his attorney, notes BLOOMBERG, is First Amendment scholar Rodney Smolla. Therefore, Hunter could take this case to the U.S. Supreme Court to get fully off the hook and not have to attach a disclaimer. Instead of interpreting the blogging as commercial speech it could be framed as political speech which would not require the disclaimer.
As lawyers rely more on the digital vehicles to develop new business more courts in more states will likely be making rulings.