Here is a press release from the Texas State Bar, which now seeks to charge attorneys when they post a video on YouTube.

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 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.

Of course, the whole issue is: what does it mean to "solicit?"

Lets say an attorney does as I teach, and posts an instructional video about dealing with the insurance industry...or...promotes a consumer book she has just finished writing.

Is this a solicitation or is this fully protected informational speech not the least bit of concern to the Texas State Bar?

Done correctly, and informationally, a good attorney video should not be subject to any state bar advertising committee "rule" and certainly should not be a tool for profit for the bar.

Hopefully someone from Texas will stand up to this nonsense.

Ben Glass
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Ben is a nationally recognized expert in attorney marketing and the owner of Great Legal Marketing.
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