Advertising & Solicitation Flashcards
What is the general rule for advertising?
L must not make false or materially misleading statements about L or L’s services
What are the rules governing the contents of an advertisement?
The 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 contingency basis unless it also indicates whether C will be responsible for costs if no recovery is obtained
What are the rules regarding in-person, live-telephone, or real-time electronic solicitation of business?
Prohibited when a significant motive for L’s action is L’s pecuniary gain, unless the person contacted is a L or has a family, close personal, or prior professional relationship with the soliciting L
When is a Lawyer not permitted to contact prospective Clients?
When a prospective client has communicated a desire not to be solicited or when the solicitation involves coercion, duress, or harrassment
May a lawyer use targeted mailings, recordings, or ads?
Yes - L may issue written, recorded, or electronic communciations that satisfy the appropriate ethics rules, must be labeled clearly as “advertising material” both inside/outside the mailing envelope and at the beginning/end of all recorded or electronic messages.
