10. Communications About Legal Services Flashcards
the basic rule
NO FALSE STATEMENTS; DON’T MISLEAD
what does the basic rule apply to?
personal communications advertisements letterheads websites ETC.
how might one mislead?
1) omitting facts
2) creating unfounded conclusions (putting out info that leads reasonable people to the wrong understanding)
3) creating unjustified expectations based on past results (even if you’ve never lost, don’t say it!!! don’t guarantee the future!) (CURE BY SAYING: “don’t expect these”, etc.)
4) making an unsubstantiated claim/comparison (don’t compare yourself to other lawyers by saying like “I charge 50% less than anyone else!”) (BUT you can say things not reasonably expected to be substantiated—like “I work harder than ANYONE else”)
what to include in advertisements, etc.
1) name and contact info for the firm/lawyer responsible.
2) disclose sketchy things
what to do if a NAMED partner fully leaves the firm (and is still alive)
TAKE THEIR NAME OUT!!!!! Can’t use during any period where lawyer isn’t regularly/actively practicing with firm
firm name guidelines
1) don’t mislead!!! NO “big winnings law” or “wilson & associates” (latter only bad if it’s like a solo practitioner) or anything indicating that you’re like a legal aid org.
2) DO NOT use names of non-lawyers
naming (or IMPLYING) yourself as a CERTIFIED SPECIALIST
ONLY DO IT IF TRUE.
1) must have ACTUALLY been certified by bar-approved authority
2) must IDENTIFY that authority
squid pro quo
do NOT give substantial gifts in return for recommendations
what a lawyer CAN pay
1) reasonable costs of advertising
2) usual charges of legal services plan
3) usual cost of participation in nonprofit referral service
TAKEAWAY: REASONABLE, USUAL
reciprocal referral agreements—is it okay?
lawyer and 3P (other lawyer, accountant, doctor, etc.) say “I send to you, vice versa”
IT IS FINE, as long as it’s not EXCLUSIVE and REVIEWED EVERY NOW & THEN. so like preferred list, not JUST THIS GUY (client outcomes should be primary concern).
PLUS, INFORMED CONSENT.
soliciting clients—is it okay? (i.e. ambulance chasing)
ONLY IF IT’S PROPER. proper if…
1) aimed at general public
2) not solicited in-person (e.g. facetime, even) (if significant motive = money) (EMAILS, ETC., ARE FINE)
when CAN you solicit in person?
1) relatives
2) close friends
3) other lawyers
4) people w/ prior business relationship
5) routine business users of this type of service
6) group representatives
TAKEAWAY: NOBODY WHO WILL BE TAKEN OFF GUARD.
when CAN’T you solicit AT ALL?
1) person has made known they don’t want to be solicited.
2) solicitation involves coercion, duress, harassment
3) specific legal restrictions (e.g. plane crash delay)
naming yourself as a SPECIALIST
fine, as long as it reflects your experience
LIMITS on referral services
you cANNOT pay more to be matched with certain clients (especially if website does so misleadingly)
