Ads/ Solicitation/ Referrals Flashcards
Solicitation
A target communication directed at groups identified at requiring a specific service (for example, car- accident victims). Solicitation of a prospective client in person, live telephone, or real-time electronic contact is prohibited when a significant motive is for lawyer’s pecuniary gain. subject to exceptions: 1) free legal service, 2) family members or 3) clients and former clients. CA law states that direct solicitation at scene of accident, hospitals, or care facility is not allowed. Where lawyer knows a potential client would be emotionally fragile physical state.
Compensation for Recommending Lawyer’s services
Under the ABA, a lawyer shall not gift anything of value to a person for recommending the lawyer’s services unless it was a qualified referral service. Under CA rules, a lawyer may give a gift or gratuity for a past referral, provided that the gift or gratuity was not offered in anticipation of the referral or future referrals.
Fee sharing with non lawyers
A lawyer may not share legal fees with a non-lawyer including referral fees except for a) paying death benefits to a deceased lawyer’s estate b) pay salaries of non-attorney employees c)sharing court awarded legal fees with a non profit organization that employed the attorney or d) a qualified attorney referral service
Reciprocal Referral Agreements
A lawyer may refer clients to another lawyer (or non lawyer professional) pursuant to an agreement that provides for the other person to refer clients 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.
Compensation for Referring Lawyer’s services
Under the ABA, a lawyer shall not gift anything of value to a person recommending the lawyers service unless it was a qualified referral service. Under CA rules, a lawyer may give a gift or gratuity for a past referral, provided that the gift or gratuity was not offered in anticipation of the referral or for future referrals.
Unauthorized practice of law
A lawyer shall not practice with or form a partnership or association authorized to practice law with a nonlawyer.
