Communications About Legal Services Flashcards
What is the basic rule regarding communications about legal services?
Can’t make a false or misleading statement, meaning it:
1. Would lead reasonable person to reach unfounded conclusion
2. Reports lawyer’s achievements on behalf of clients and lead reasonable person to form unjustified expectation of receiving same results in similar manner, without reference to specific circumstances of each client’s case
3. Contains unsubstantiated comparison or claim of lawyer’s fees or services, presented with such specificity as to lead reasonable person to conclude that comparison or claim can be substantiated
DISCLAIMER may prevent from being misleading
What is solicitation and is it prohibited in VA?
Communication initiated by the lawyer that is directed to a specific person and that offers to provide, or can reasonably be understood as offering to provide, legal services
* VA DOES NOT SPECIFICALLY PROHIBIT
When is solicitation prohibited in VA?
- Target has made known they don’t want to be soliciated
- Solicitation involves harassment, undue influence, duress, or unwarranted promises of benefits
NOTE lawyer cannot use agent to get around these–subject to discipline as if they did it themselves
