6.B Rules of the Marketplace

Question 1

What are the overarching protections for advertising and solicitation?

Answer 1

Truthful advertising of attorneys and for-profit solicitations are protected commercial speech, limitation are subject to intermediate scrutiny: it would need to be narrowly tailored for substantial government interest.

Question 2

Rules for advertisements?

Answer 2

Identify the lawyer or firm responsible for it. No false or misleading statements.

• Don’t guarantee results (unjustified expectations)
• No unsubstantiated comparison to others - without external criteria, i.e., independent external review
• Careful about claiming specializations
• “Certified” only if certifying organization named in ad & recognized by bar
• No dramatization, without disclaimer

Question 3

Rules for soliciations?

Answer 3

This is when you target/contact someone (rather than broad advertisement). Consider if it’s direct or indirect (mail, email). Agent of lawyer bound by same duties.

Direct = prohibited (unless lawyer, someone you have prior relationship with or person/business that regularly uses legal services). Can never involve cohesion, duress or harassment.

Indirect = OK

For not-for-profit or political cause = OK

Solicitation for membership in group legal plan = OK

Unless person had made it known they don’t want to be solicited.

CA: Must say advertisement on front of envelope + at beginning and end - unless lawyer or someone you know.