Advertising and solicitation Flashcards
Emails are treated as
advertising
Advertising is
a widely distributed statement about services made available from a particular lawyer or organization
Direct mail should be treated as
advertising
Solicitation is
A narrow communication directed at a single person or group who are in need of a particular service
Lawyers cannot make communications that are false, misleading, coercive, or promotes a
transaction that is itself illegal
False or misleading statements include
1) Self laudation that cannot be verified (i am best lawyer in town)
2) Names of law firms that might be misleading if they imply a relationship or some other org. (social security law firm)
The Bar association does have authority to regulate advertisements that are in
bad taste only
A lawyer may advertise what area of law they practice in . However
a lawyer can only say that he is a specialist if he has been certified by a legitimate organization
Virginia Does NOT require that an advertisement have the name and address of
at least one lawyer
Solicitation includes
In person and live telephone communications
Robo calls are
advertising
In person solicitation is prohibited except if
1) The primary reason for the solicitation is not financial gain; or
2) Soliciting relatives, other lawyers, and other people you have had a prior client relationship with
Written or recorded communications must include
the words “ADVERTISING MATERIALS” IN ALL CAPS
A lawyer cannot compensate or give anything of value to a person
recommending their services
If a client who had make known a desire not to be contacted then
the lawyer may not solicit them
