Advertising and solicitation Flashcards
Advertising
L must not make false or materially misleading statements about L or his services
MR—ad must include the name and office address of at least one L or firm; names of regularly represented Cs may be used in an ad with their consent, and L is permitted to claim specialization in particular fields
CA—ads cannot guarantee the outcome of a legal matter, promise immediate cash or quick settlements, or offer representation on a contingent basis unless it also indicates whether C will be responsible for costs if no recovery is obtained
Solicitation
In-person, live-telephone, or real-time electronic contact—prohibited when a significant motive for L’s action is L’s pecuniary gain (strong possibility of undue influence, intimidation and over-reaching)
Runners/cappers—illegal in CA
L not permitted to contact prospective Cs who have communicated a desire not to be solicited or when the solicitation involves coercion, duress, or harassment
Targeted mailings, recordings, or ads—L may issue written, recorded, or electronic communications that satisfy the appropriate ethics rules, must be labeled clearly as “advertising material” both inside/outside of mailing envelopes and at the beginning/end of all recorded or electronic messages
