The State Bar Association of North Dakota Winter 2013 Gavel Magazine | Page 15

bar association or governmental entity, nor may they use the top level domain suffix ‘.org’ if they are for-profit.”10 In 2011, Arizona reconsidered its 2001 opinion and concluded for-profit law firms could use the .org designation. The Committee explained: Since 2001, use of Internet domain names, including those with the suffix “.org,” has skyrocketed. Of particular significance here, notwithstanding the “guidelines” in the Department of Commerce document relied on in Op. 01-05, the use of an “.org” suffix for Internet domain names has not been restricted to “non-profit” entities. To the contrary, anyone may register a website address that contains the suffix “.org,” and the person registering the address is not required to demonstrate that the website is or will be owned or used by a non-profit entity. Moreover, in light of the widespread use of the “.org” suffix by for-profit organizations in the years since Ariz. Center for Mediation & Consultation Patricia R. Monson Office: 701.361.5976 Cell: 701.238.8794 Email: [email protected] Web: www.cmcpllc.com Mediation | Arbitration | Consultation The Gavel February 2013 c c M Avoid the costs & risks associated with litigation and achieve satisfactory resolution of legal disputes. Ethics Op. 01-05 was issued, the possibility that the public will be misled by a for-profit law firm’s use of “.org” in its website address is remote. “Whether a communication about a lawyer or legal services is false or misleading is based upon the perception of a reasonable person.” ER 7.1 [comment 5] (emphasis added). A reasonable person, desiring to verify whether an entity is non-profit, would not rely solely on the entity’s website address. In light of the foregoing, the Committee does not believe that the mere use of “.org” by a for-profit law firm is a violation of the Arizona Rules of Professional Conduct. Opinion 01-05 is modified accordingly.11 Several conclusions appear to be fairly drawn from the cited authorities. First, most if not all advertising including internet marketing likely is subject to Rule 7.1. Second, lawyers appear able to use subdomain names with descriptive terms that are not false, misleading or deceptive. Third, selection of the top-level domain extension requires the exercise of caution because the only state known to have addressed the issue has answered both ways. Requesting guidance from SBAND’s Ethics Committee likely would be prudent before using the .org or other extensions which might imply something that a lawyer or a law firm is not. 1 “[T]he Internet Corporation for Assigned Names and Numbers (ICANN) coordinates the Domain Name System (DNS), Internet Protocol (IP) addresses, space allocation, protocol identifier assignment, generic (gTLD) and country code (ccTLD) Top-Level Domain name system management, and root server system management functions.” See http://www.icann.org/en/about/we come. The current list of top-level domain names is available at http://www.icann.org en/resources/registries/tlds. 2 State Bar of Arizona Ethics Op. 01-05 (foo note omitted), available at http://www.azbar.org/Ethics/EthicsOpin ions/ViewEthicsOpinion?id=273. continued on pg 27 c c M PLLC L AW F I R M With over 33 years of experience, including many and varied assist in settling conflicts outside the courtroom. Alternative Dispute Resolution Appellate Law Civil Rights Commercial mediation & settlement conferences, I am uniquely qualified to Construction Employment Health Care Personal Injury & Wrongful Death Railroad Worker’s Compensation & OSHA Licensed in all North Dakota & Minnesota Courts Qualified Mediator, Arbitrator & Neutral in North Dakota & Minnesota 13