Attorney Advertising and Solicitation

Question 1

False or Misleading

Answer 1

ABA permits a lawyer to advertise using any form of public communication about the lawyer’s services that is not false or misleading.

In California, these lawyer communications are presumed false or misleading: (1) communications delivered to a potential client in the hospital or suffering from physical or mental stress, (2) mailings not clearly labeled as advertising that seek fee-paying work, and (3) communications containing testimonials or endorsements without a disclaimer they are not a promise about the results in the potential client’s case.

Question 2

Solicitation

Answer 2

Under ABA and California law, a lawyer cannot solicit fee-generating employment by in-person, live telephone, or real-time electronic contact from a specific prospective client when the lawyer’s significant reason for doing so is pecuniary gain, unless the person solicited (1) is a lawyer, or (2) has a family, close personal, or prior professional relationship