Communication About Legal Services

Question 1

what’s the basic rule about advertising

Answer 1

nothing false or misleading

Question 2

what counts as false or misleading

Answer 2

-outright falsehoods
-omitted facts
-unfounded conclusions
-unjustified expectations
-unsubstantiated comparisons

including a disclaimer could solve this

Question 3

what names of partners can you not use

Answer 3

• anyone not a member of the firm
• non lawyers
• lawyer who holds public office during any substantial period in which the lawyer is not regularly and actively practicing with the firm
• nonexistent partners

Question 4

can you say you specialize

Answer 4

yes but can’t imply certification if not certified by an org approved by ABA or state and is clearly identified

Question 5

what isn’t allowed for recommendation agreements

Answer 5

can’t compensate, give anything of value, or promise something in exchange for recommending services

Question 6

when is a lead generator ok

Answer 6

when it doesn’t recommend the lawyer and its not false or misleading

Question 7

can you make reciprocal referral agreements with a lawyer or non lawyer

Answer 7

yes but must

-not be exclusive
- referred client must be told about agreement
- must not interfere with professional judgement
- not be indefinite

Question 8

can you give a give in exchange for a rec

Answer 8

nominal is ok as long as its a token of appreciation not a quid pro quo

Question 9

what is solicitation

Answer 9

communication initiated by lawyer directed at specific person the lawyer knows needs legal services in a particular manner

Question 10

what kind of solicitation is prohibited

Answer 10

live person to person

exception - if not for financial gain
or if it’s your family, friend, someone you’ve worked with before, or routine business users of the type of legal services

Question 11

what kind of solicitation is usually ok

Answer 11

written, recorded, or electronic