Chapter 7:Information About Legal Services Flashcards
Rule 7.1 Communications Concerning a
Lawyer’s Services
(a) A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it
contains a material misrepresentation of fact or law, or omits a fact necessary to make the communication considered as a whole not materially misleading.
Comment
[2] A communication that contains an express guarantee or warranty of the result of a particular representation is a false or misleading
communication.
[3] This rule prohibits truthful statements that are misleading. A truthful statement is misleading if it omits a fact necessary to make the lawyer’s communication considered as a whole not materially misleading. A truthful statement is also misleading if it is presented in a manner that creates a substantial* likelihood that it will lead a reasonable* person* to formulate a specific conclusion about the lawyer or the lawyer’s services for which there is no reasonable* factual foundation. Any communication that states or implies “no fee without recovery” is also misleading unless the communication also expressly discloses whether or not the client will be liable for costs.
[4] A communication that truthfully reports a lawyer’s achievements on behalf of clients or former clients, or a testimonial about or endorsement of the lawyer, may be misleading if presented so as to lead a reasonable* person* to form an unjustified expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case is misleading.
Rule 7.2 Advertising(a)(b)(1)(2)
(A) An atty may advertise services through any written, recorded, or electronic means of communication, including public media.
(B) An atty shall not compensate, promise, or give anything of value to a person for the purpose of recommending or securing the services of the lawyer or the lawyer’s law firm.
An atty may:
1) pay the reasonable* costs of advertisements or communications permitted by this rule;
(2) pay the usual charges of a legal services plan or a qualified lawyer referral service. A qualified lawyer referral service is a lawyer referral service established, sponsored and operated in accordance with the State Bar of California’s Minimum Standards for a Lawyer Referral Service in California
7.2 Advertising (b)(4)
(3) An atty may pay for a law practice in accordance with rule 1.17.
(4) An atty may refer clients to another lawyer or a nonlawyer professional pursuant to an arrangement not otherwise prohibited under for the other person* to refer clients or customers to the lawyer, if:
(i) the reciprocal referral arrangement is not exclusive; and
(ii) the client is informed of the existence and nature of the arrangement;
7.2 Advertising (b)(5) and (C)
An atty may offer or give a gift or gratuity to a person* having made a recommendation resulting in the employment of the lawyer or the lawyer’s law firm,* provided that the gift or gratuity was not offered or given in consideration of any promise, agreement, or understanding that such a gift or gratuity would be forthcoming or that referrals would be made or encouraged in the future.
(c) Any communication made pursuant to this rule shall include the name and address of at least one lawyer or law firm* responsible for its content.
Rule 7.3(A) Solicitation of Clients
a) A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment when a significant motive for doing so is the lawyer’s pecuniary gain, unless the person* contacted:
(1) is a lawyer; or
(2) has a family, close personal, or prior professional relationship with the lawyer
7.3(B) Solicitation of Clients
A lawyer shall not solicit professional employment by written,* recorded or electronic communication or by in-person, telephone or real- time electronic contact even when not otherwise prohibited by paragraph (a), if:
(1) the person* being solicited has made known* to the lawyer a desire not to be solicited by the lawyer; or
(2) the solicitation is transmitted in any manner which involves intrusion, coercion, duress or harassment.
7.3(C) Solicitation of Clients
harassment.
(c) Every written,* recorded or electronic communication from a lawyer soliciting professional employment from any person* known* to be in need of legal services in a particular matter shall include the word “Advertisement” or words of similar import on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person* specified in paragraphs (a)(1) or (a)(2), or unless it is apparent from the context that the communication is an advertisement.
7.3 ( D) Solicitation of Clients
a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses in-person, live telephone or real-time electronic contact to solicit memberships or subscriptions for the plan from persons* who are not known* to need legal services in a particular matter covered by the plan.
Comments on 7.3
1] A lawyer’s communication does not constitute a solicitation if it is directed to the general public, such as through a billboard, an Internet banner advertisement, a website or a television commercial, or if it is in response to a request for information or is automatically generated in response to Internet searches.
3] This rule does not prohibit a lawyer from contacting representatives of organizations or groups that may be interested in establishing a bona fide group or prepaid legal plan for their members, insureds, beneficiaries or other third parties for the purpose of informing such entities of the availability of and details concerning the plan or arrangement which the lawyer or lawyer’s firm* is willing to offer.
Rule 7.4 Communication of Fields of Practice and Specialization
a) A lawyer shall not state that the lawyer is a certified specialist in a particular field of law, unless:
(1) the lawyer is currently certified as a specialist by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Trustees; and
(2) the name of the certifying organization is clearly identified in the communication.
(b) Notwithstanding paragraph (a), a lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. A lawyer may also communicate that his or her practice specializes in, is limited to, or is concentrated in a particular field of law, subject to the requirements of rule 7.1.
Rule 7.5 Firm* Names and Trade Names
a) A lawyer shall not use a firm* name, trade name or other professional designation that violates rule 7.1.
(b) A lawyer in private practice shall not use a firm* name, trade name or other professional designation that states or implies a relationship with a government agency or with a public or charitable legal services organization, or otherwise violates rule 7.1.
(c) A lawyer shall not state or imply that the lawyer practices in or has a professional relationship with a law firm* or other organization unless that is the fact.
