1. Finding Client and Entering Into A Relationship With Them Flashcards
Rule 7.1 Communications Concerning a Lawyer’s Services
a lawyer must not make false, misleading, or deceptive statements about their services.
What should the Contingent Fee disclaimer read?
“Contingent attorney fees apply only to attorney services and may not be allowed in all cases. Clients typically must cover court costs and other legal expenses.”
What should the disclaimer ‘no fee unless you win’ state?
“No fee unless you win” refers to attorney fees only. Clients usually pay court costs and other legal expenses. Contingent fees aren’t allowed in all case types.”
Does a lawyer have the right to indicate their practice field?
Yes. a lawyer has a right to indicate in any communication that he does or does not practice in a particular field of law.
Can a lawyer communicate their specialty in a particular field of law?
Yes, if they have experience, specialized training, education, or certification from a recognized entity so long as the statement is not false or misleading.
What does Georgia require for a certifying organization?
The certifying organization must be authorized by the appropriate state agency or the ABA.
What is the definition of Advertising in legal services?
Advertising refers to broadly communicating information about a lawyer’s services without personally targeting specific individuals for employment.
Lawyers may advertise their services but must include their name and office address. Advertisements must not mislead or create unjustified expectations.
What is the definition of Solicitation in legal services?
Solicitation involves directly contacting a prospective client personally or by live phone to seek employment for a specific matter.
How can a lawyer advertise their services?
A lawyer may advertise through all forms of public media and written communication not involving personal contact, provided the communication is not false, fraudulent, deceptive, or misleading.
What are the recordkeeping requirements for advertisements?
A copy of the recording of any advertisement or communication must be kept for two years after its last dissemination.
Can a lawyer pay for public communication?
Yes.
Rule 7.3-Solicitation of Clients:
Direct in-person, live telephone, or real-time electronic solicitation of clients is prohibited if the motive is for pecuniary gain unless the person contacted is a lawyer or has a prior relationship with the lawyer.
True or False: A lawyer cannot directly solicit employment from nonlawyers who haven’t requested their services, either in person or by live phone contact.
True.
However, solicitation is permitted through direct contact with other lawyers.
Written Communications
In Georgia, a lawyer cannot send promotional communications to a prospective client if:
- The person has expressed disinterest in such messages;
- The message uses coercion, duress, or other unethical tactics;
- It concerns a personal injury or wrongful death related to a recent accident or disaster occurring less than 30 days ago; or
- The recipient’s condition impairs their judgment in hiring a lawyer.
Written communications to prospective clients, unless they are close friends, relatives, or current/former clients, must be clearly labeled
“Advertisement” on both the envelope and at the top of each page in a type size no smaller than the largest used in the letter’s body.
What is the rule for prohibition against payment for referrals?
A lawyer is prohibited from compensating or offering value to someone for recommending their services, including purchasing leads or rewarding referrals
What is the EXCEPTION to the prohibition against payment for referrals?
A lawyer may accept clients through a legal services plan or prepaid legal service organization but cannot own or direct the service in a way that violates professional independence.
Rule 1.16- a lawyer MUST refuse representation if:
- If the representation will result in violation of the rules of professional conduct; or
- if the lawyer’s physical or mental condition materially impairs their ability to represent the client.
Rule 1.16- a lawyer MAY withdraw if:
- It can be done without materially harming the client.
- the client persists in a fraudulent or criminal act.
- The client fails to fulfill an obligation to the lawyer, such as not paying fees. f
Can a lawyer accept representation in a matter they are not competent in?
No. A lawyer should not accept representation in a matter unless it can be performed competently, promptly, without improper conflict of interest, and to completion.
The lawyer should consider his own experience and expertise in the matter, the level of skill required, and the time and resources available to devote to the matter.
Can a lawyer accept employment in a matter in which they are not experienced?
Yes, if they have the ability, time, and resources to handle the matter competently.
Shared Responsibilities and Consultations
The attorney usually has responsibility for
technical and legal tactical decisions but must consult with the client about the means employed, and defer to the client on issues related to expense and effects on third parties.
What decision is allocated to the client in civil cases?
Whether to accept an offer of settlement.
What decisions belong to the client in criminal cases?
- The plea to be entered;
- whether to waive jury trial; and
- whether to testify.