It appears that the Commonwealth of Kentucky has it out for blogs. As detailed by Ben Cowgill on his Legal Ethics Blog, the Kentucky Attorney’s Advertising Commission has taken the position that a weblog is an advertisement.

This is the result of Rule 7.02 of the Kentucky Code, which states:

7.02 “advertise or “advertisement” means to furnish any written, printed or broadcast information or any other communication containing an attorney’s name or other identifying information…

Like we’ve posted before, does this mean I can’t leave my real name at a restaurant for reservations for fear of it being deemed an advertisement?

The regulations also require the lawyer to submit a copy of the advertisement to the Commission, along with a filing fee of $50.00. In the past, the Commission has interpreted those requirements to mean that the lawyer must pay a filing fee of $50.00 each and every time the content of the advertisement is modified. Ouch!

Needless to say, this would make blogging impossible as it is not static but constantly changing. Let’s hope that the Commission does the right thing in this case.

You can send your comments directly to:

Linda Gosnell
Chief Bar Counsel
Kentucky Bar Association
514 W. Main Street
Frankfort, KY 40601
E-Mail: lgosnell–at–kybar.org

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One Comment

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    we are blawggers — hear us roar

    Thirteen hours ago, just after 10 PM last night, I emailed a bunch of weblawggers to alert then to Ben Cowgill’s tussle with the Kentucky Attorney’s Advertising Commission over whether weblogs are advertising and every post requires a $50 filing fee.