A local lawyer is battling the Virginia State Bar over what he says is a challenge to his freedom of speech.
Horace Hunter, a litigator at the Richmond firm Hunter & Lipton, wants to blog on his firm’s website without being required by the Virginia State Bar to post a disclaimer.
The VSB says the postings, many of which discuss the results of cases Hunter has worked on, are a form of advertising. The VSB told Hunter that he must include an approved disclaimer at the top of each posting so as not to mislead potential clients.
Hunter doesn’t see it that way.
“The Bar’s issue, if I write about a case I was involved in, they say that constitutes advertising,” Hunter said by phone Wednesday. “I said that’s absolutely not the case. It’s news and it’s also commentary.”
He argues that the section of the site where the postings are held, entitled “This Week in Richmond Criminal Defense” is a blog.
After the two sides couldn’t come to an agreement, the VSB in September initiated a formal complaint against Hunter.
Hunter got so riled up over the issue that he sued the VSB in federal court in April, arguing that the organization’s demands violate his First Amendment right to freedom of speech.
“Requiring the placement of a disclaimer preceding each article written on the blog is, on its face, a form of compelled speech,” Hunter argued in the federal case.
“Therefore the VSB does not have the authority to coerce [Hunter] under threat of disciplinary action to add content to his blog in the form of a disclaimer.”
The federal case has been dismissed, and Hunter now faces a charge of misconduct. A hearing is scheduled for June 10.
The Bar also argues that the blog discusses specifics of Hunter’s cases, disclosures that could be embarrassing or detrimental to his clients. The Bar said Hunter must obtain clients’ consent to discuss the information in addition to attaching a disclaimer.
Hunter argues that court records are in the public domain.
“This is the reporting of public trials,” he said.
Hunter eventually proposed his own version of a disclaimer, which the Bar said was insufficient. The two sides were, at one point, close to a settlement, but couldn’t agree in the end.
Edward Davis, Bar Counsel for the VSB, said the organization does not discuss pending cases.
Asked why he’s putting up such a fight — why he won’t just post the disclaimer and continue blogging as usual — Hunter declared it a matter of principle.
“It’s so simple,” Hunter said. “The reason that I didn’t do it — I felt like it cheapened [the content].”
“A lot of those postings are critical of the government, and I felt like it cheapened it,” Hunter said.
Although he’s confident in his argument, Hunter said he has worried that he could be disbarred or have his license suspended over the scrape. He has hired another local attorney, Michael Rigsby, who makes his living representing attorneys and judges.
If the VSB rules against him June 10, Hunter said he would appeal and continue to fight.
“They are powerful, and they are used to just getting their way,” he said. “I’m going to fight this. We’re both emotionally invested now.”
Michael Schwartz covers the legal industry for BizSense. Please send news tips to [email protected].
A local lawyer is battling the Virginia State Bar over what he says is a challenge to his freedom of speech.
Horace Hunter, a litigator at the Richmond firm Hunter & Lipton, wants to blog on his firm’s website without being required by the Virginia State Bar to post a disclaimer.
The VSB says the postings, many of which discuss the results of cases Hunter has worked on, are a form of advertising. The VSB told Hunter that he must include an approved disclaimer at the top of each posting so as not to mislead potential clients.
Hunter doesn’t see it that way.
“The Bar’s issue, if I write about a case I was involved in, they say that constitutes advertising,” Hunter said by phone Wednesday. “I said that’s absolutely not the case. It’s news and it’s also commentary.”
He argues that the section of the site where the postings are held, entitled “This Week in Richmond Criminal Defense” is a blog.
After the two sides couldn’t come to an agreement, the VSB in September initiated a formal complaint against Hunter.
Hunter got so riled up over the issue that he sued the VSB in federal court in April, arguing that the organization’s demands violate his First Amendment right to freedom of speech.
“Requiring the placement of a disclaimer preceding each article written on the blog is, on its face, a form of compelled speech,” Hunter argued in the federal case.
“Therefore the VSB does not have the authority to coerce [Hunter] under threat of disciplinary action to add content to his blog in the form of a disclaimer.”
The federal case has been dismissed, and Hunter now faces a charge of misconduct. A hearing is scheduled for June 10.
The Bar also argues that the blog discusses specifics of Hunter’s cases, disclosures that could be embarrassing or detrimental to his clients. The Bar said Hunter must obtain clients’ consent to discuss the information in addition to attaching a disclaimer.
Hunter argues that court records are in the public domain.
“This is the reporting of public trials,” he said.
Hunter eventually proposed his own version of a disclaimer, which the Bar said was insufficient. The two sides were, at one point, close to a settlement, but couldn’t agree in the end.
Edward Davis, Bar Counsel for the VSB, said the organization does not discuss pending cases.
Asked why he’s putting up such a fight — why he won’t just post the disclaimer and continue blogging as usual — Hunter declared it a matter of principle.
“It’s so simple,” Hunter said. “The reason that I didn’t do it — I felt like it cheapened [the content].”
“A lot of those postings are critical of the government, and I felt like it cheapened it,” Hunter said.
Although he’s confident in his argument, Hunter said he has worried that he could be disbarred or have his license suspended over the scrape. He has hired another local attorney, Michael Rigsby, who makes his living representing attorneys and judges.
If the VSB rules against him June 10, Hunter said he would appeal and continue to fight.
“They are powerful, and they are used to just getting their way,” he said. “I’m going to fight this. We’re both emotionally invested now.”
Michael Schwartz covers the legal industry for BizSense. Please send news tips to [email protected].
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