(8) Professional Responsibility: Information about Legal Services Flashcards
Communications about Legal Services:
What makes a Communication False or Misleading
A communication is false or misleading if it: (a) contains a material misrepresentation of fact or law; OR (b) omits a fact necessary to make the statement not materially misleading.
Rule:
Communication about Legal Services
A lawyer cannot make false or misleading communication about the lawyer or the lawyers services.
w/CA differences:
Advertising Legal Services
An advertisement for legal services is permitted in all formats if it: (1) is not false or misleading; (2) identifies at least one lawyer or law firm responsible for its content; (3) does not state/imply that the lawyer is certified as a specialist in a field unless the lawyer is certified as such by the appropriate entity; AND In CA (4) clearly includes the word “Advertisement” unless it is apparent that the communication is an advertisement.
What can a lawyer say regarding specialty in advertising?
Advertising Legal Services
A lawyer can say that they “concentrate in”; practices a specialty; or specializes in a particular field of law.
w/CA difference:
Solicitation of Clients
A lawyer or his agent cannot solicit a person by in person, live telephone or real-time electronic contact for professional employment when a significant motive if for pecuniary gain unless the person: (a) is a lawyer; (b) has a family, close personal, or prior business/professional relationship with the lawyer/law firm; OR (c) ABA only – routinely uses the type of legal services offered for business purposes.
w/CA differences
Other ways a lawyer cannot solicit?
Solicitation of Clients
Additionally, a lawyer cannot solicit a person when (a) said person has told the lawyer to not solicit; OR (b) if it involves coercion, duress, harassment or In CA intrusion.
Are emails, text messages, or other written communication considered real time electronic communication?
Solicitation of Clients
NO, in addition to other written communication because it is easily disregarded.
Can a lawyer provide “Compensation for Referrals”?
A lawyer cannot compensate a person for recommending the lawyers services. However, a lawyer may: (a) pay the reasonable costs of permitted advertisements/communications; (b) pay the usually charges of a legal service plan or approved lawyer referral service; (c) pay for a law practice; OR (d) give nominal gifts as an expression of appreciation not intended/expected to be compensation for recommending the lawyers services.
Can a lawyer enter into a referal agreement?
Compensation for Referrals
A lawyer may refer clients to another lawyer or a non-lawyer professional pursuant to an agreement not otherwise prohibited that provides for the other person to refer clients or customers to the lawyer, if: (1) the reciprocal referral agreement is not exclusive; AND (2) the client is informed of the existence and nature of the agreement.
