advertising and solicitation

Question 1

in the past many states had complete bans on atty ads – what changed it?

Answer 1

Bates!

SCOTUS held that these bans violated the First Amendment.

• States cannot ban ads, but some states highly regulate.

Question 2

what are the pros of atty ads

Answer 2

access to justice – ads may let people know they need a lawyer

Drives price

Free speech principles

Free online advertisement

Humanizes the lawyers

Question 3

what are the cons of atty ads

Answer 3

Make profession look corny

Costly

Emphasizes non legal skills

Increases in frivolous lawsuits

Misleading

Question 4

what is 7.1 rule on ads

Answer 4

Communications about the lawyer/lawyer’s services cannot be false or misleading.

Question 5

what does it mean for a communication to be false or misleading

Answer 5

material misrepresentation of fact or law or omits a fact necessary to make the statement considered as a whole not materially misleading.

Question 6

are omissions of statements false/misleading?

what about things that are true but misleading?

Answer 6

yes and yes

Question 7

what are considered communications see comm one

Answer 7

Ads, office signs, business cards, letterheads

Question 8

why are disclaimers added to the ads

Answer 8

Disclaimers are often included in ads to proactively rebut any suggestions that they are misleading /Cures the misleading nature of ads

Question 9

what is important to note about disclaimers

Answer 9

they must ACUTALLY cure the misleading nature of the ads

Question 10

under 7.1 when is a firm name misleading

Answer 10

Layer not associated with the firm
Name of a non lawyer
Lawyer who hold public office

Question 11

can the name of dead or retired partners be the firm name

Answer 11

yes

Question 12

if someone says they are certified on an ad, what is actually required for this ot be okay

Answer 12

Must actually be certified

Question 13

when can an ad say someone specilaies in an area of law

Answer 13

as long as its not false or misleading

Question 14

what does the ad need to include for the purpose of the bar and enforcement

Answer 14

communication must include name and contact info of at least one lawyer or law firm responsible for its content lawyer

Question 15

what is solicitation

Answer 15

a communication initiated by a lawyer or firm

directed to a specific person the lawyer knows or reasonably should know needs legal
services in a particular matter, and

• offers to provide legal services for that matter.

Question 16

what is not an example of solicitation

Answer 16

billboards directed at the general public

Question 17

whats the rule about live person to person solicitation

Answer 17

live person to person solicitation is prohibited when done for pecuniary gain

Includes zoom but not email, snail mail text

Question 18

what is the excpetion to the ban on live person to person solicitation

Answer 18

(1) other lawyers;

(2) familial, close personal, or prior professional or business relationship (including current and former clients)

(3) routine business users of the type of legal services offered by the lawyer or firm

Question 19

what can solication never do, regardless if an excpetion applies

Answer 19

1) the target someone the lawyer knows does not want to be solicited

(2) involves coercion, duress or harassment.

Question 20

in re primus – the forced steriliation case

Primus informed sterilization victims about their legal rights and mentioned the prospect of future litigation.

Mary Etta Williams, previously sterilized by Dr. Clovis H. Pierce, attended the meeting.

The following month, Primus learned that the ACLU would provide representation for sterilization victims. Allen informed Primus that Williams wanted to pursue a lawsuit against Dr. Pierce.

Primus wrote Williams on letterhead of the Carolina Community Law Firm and told her about the opportunity for ACLU representation.

Primus had no further contact with Williams, but was publicly reprimanded by the state supreme court for directly soliciting a prospective client.

The issue in this case is whether a state law violates the First Amendment if it stops a nonprofit organization from directly asking potential clients to join a lawsuit, especially when the lawsuit is about political expression for the public good and the nonprofit won’t directly control the lawsuit.

Answer 20

live solicitation still permitted. L’s interests are not primarily pecuniary