Advertising and Solicitation Flashcards
Information about Legal Services
“A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services.”* “A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.
Information About Legal Services: More Specifically
(a) A lawyer may communicate information regarding the lawyer’s services through any media.. . .
(b - omitted – lawyer can’t pay for referrals except legal service plan, have reciprocal referral plan that is communicated to client, etc.)
(c) *A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:
(1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate authority of the state or the District of Columbia or a U.S. Territory or that has been accredited by the American Bar Association; and
(2) the name of the certifying organization is clearly identified in the communication.
(d) Any communication made under this Rule must include the name and contact information of at least one lawyer or law firm responsible for its content.
*MPRE loves to test on this!
Comment: Except USPTO and Fed, okay to distinguish type of law working in
Firm Names
Can’t be misleading.
Can’t imply a connection with a government agency or charitable legal services organization.
Name of a lawyer holding public office shall not be used “during any substantial period in which the lawyer is not actively and regularly practicing with the firm.”
Can state you are partnership or other type of entity only if that is the fact.
Solicitation of Clients
No in-person solicitation when it involves pecuniary gain unless contact is with another lawyer, family or friend, or someone who has routinely used a lawyer for business purposes) and NO solicitation when target has communicated desire not to be solicitated or it involves duress, coercion, or intimidation.* Written solicitation is generally OK, but the state can place reasonable time, place, and manner restrictions on it.
Group legal services (lawyer may participate in a prepaid or group legal services plan that lawyer does not own or direct and when lawyer’s contact is for membership in the plan for people not known to need legal services in a particular matter)
You cannot compensate, give, or promise anything of value to someone who is not an employee or lawyer in your firm, in exchange for a recommendation of your services, but you may pay for reasonable costs for media advertising. You may pay the “usual charges” of a lawyer referral service conducted by a legal services plan or a not-for-profit or qualified lawyer referral service
