In Rachel C. Lee’s article, she discusses the flaws in the current ethics law to handle this form of ex parte communication with the court. “Ex Parte Blogging: The Legal Ethics of Supreme Court Advocacy in the Internet Era” is an interesting article. Lee’s argument stems from the influence bloggers had on Kennedy v. Louisiana….
Lee argues that the current ethical rules are insufficient to properly prevent attorneys from using blogs as an ex parte form of communication with the Court. The note’s biggest suggestion is the implementation of a new rule of professional conduct.