Advertising and Solicitation

Question 1

Rule 7.1 – The Advertising Rule

Answer 1

o Prohibits false and misleading communications about a lawyer and a lawyer’s services

o The Test for False and Misleading: any material misrepresentation of fact or law OR omission of a fact necessary to prevent the statement from being considered on a whole as materially misleading

o This rule governs ALL communications about a lawyer’s services, regardless of the form of media used

Question 2

Rule 7.2 – The Housekeeping Rule

Answer 2

o You can advertise in any form of media

o You can’t pay someone to recommend your services

• Exceptions:

1. You can pay reasonable costs of advertising;
2. You can participate in a legal referral service;
3. You can refer clients to other lawyers / non-lawyer professionals if the reciprocal referral agreement is not exclusive and the client is aware of the agreement

Question 3

Direct Solicitation involves

Answer 3

• A sales pitch,
• Via direct contact,
• To an already vulnerable person, and;
• Pressure for an immediate response

Question 4

Rule 7.3 – The Solicitation Rule

Answer 4

The rule prohibits:

1. Direct person-to-person;
2. Live telephone; or,
3. Real time electronic solicitation (When the significant motive behind the contact is the lawyer’s pecuniary gain (profit))

Exceptions:

• A lawyer may engage in person-to-person, live telephone or real time electronic solicitation of:

1. Other lawyers;
2. Family members;
3. Close personal friends; and,
4. Former clients.

• These exceptions do not apply where the contact involves coercion, duress, or harassment.
• If a person in one of these categories requests that you desist in the contact, you must do so.

Question 5

Rule 7.3 – Housekeeping Provision

Answer 5

Every written, recorded or electronic solicitation must include the words, “advertising material.”

Question 6

Rule 7.4 – Fields of Practice Rule

Answer 6

o This rule prohibits certification as a specialist unless you are actually certified by an approved and recognized certifying organization and the organization is listed in the ad

o Although you may generally represent that you are a “specialist” or that you “specialize” in an area of practice, such representations are subject to the false and misleading standard of Rule 7.1

Question 7

Rule 7.5 – The Firm Name Rule

Answer 7

o A lawyer may use any firm name that is not false or misleading including a trade name as long as it does not imply a connection with a government agency or public or charitable legal services organization

o A firm with offices in multiple jurisdictions can use the same name in all jurisdictions as long as the lawyers working at each office are clearly identified along with any jurisdictional limitations on their ability to practice

o A lawyer holding public office may not be included in the name of the firm during any period in which the lawyer is not actively and regularly practicing with the firm

o Lawyers may only state or imply that they practice in a partnership or other organization when this is a fact