Advertising and Solicitation

Question 1

What does “advertising” refer to?

Answer 1

widely distributed statements–public statements about services available from a particular lawyer or law organization

Question 2

What does “solicitation” refer to?

Answer 2

Solicitation traditionally refers to narrow communications directed at a single person or a small group of identified recipients who are known to be in need of a particular service.

Question 3

What should direct, personal, form mail to people known to have particular legal needs be viewed as?

Answer 3

Direct mail should be treated more as advertising than solicitation. Easier to dismiss than in-person solicitation

Question 4

Communication Regarding Services

Because of constitutional considerations, state bars may only prohibit a communication that is…

Answer 4

false, misleading, coercive, or promotes a transaction that is itself illegal

Question 5

what may be prohibited based on it being False or Misleading Statements?

Answer 5

1. self-laudation that cannot be verified may be prohibited.
2. Names of law firms might be misleading if they untruthfully imply a relationship to thegovernment or some other organization.

but Bar associations do not have authority to regulate advertisements that are in poor taste

Question 6

Under the Model Rule, every advertisement is required to have the name and address of one lawyer who is responsible for the advertisement. True for VA?

Answer 6

No, not required

Question 7

Live Solicitation

What does it include

Answer 7

Includes in-person and live telephone communications

Question 8

Live Solicitation

In-person solicitation is generally prohibited, except:

Answer 8

1. If the primary reason for contacting someone is not for pecuniary gain; or
2. Soliciting relatives, other lawyers, and people with whom you have had a prior lawyer-client relationship (unless they indicate they do not want to be contacted)

Question 9

Additional Restrictions

Written or recorded communications must include the words:

Answer 9

“advertising material”

Question 10

Additional Restrictions

Lawyers are prohibited from having other people…

Answer 10

advertise for them.

Question 11

Additional Restrictions

A lawyer may not do what for a person that recommends their services?

Answer 11

compensate them or give anything of value