communications about legal services Flashcards
can a law firm continue to use a partner’s name after he enters public office?
yes, as long as he is still regularly and actively practicing with the firm
but if your public office job is full time, like the senate, then you have to remove your name
what is the standard to determine whether you are misleading people to have an unjustified expectation?
that a reasonable person could think that lawyer could do as well in a similar case, without regard to fact and law of the case
can you say on a ad “I charge 50% less than those big downtown firms”?
no, this is a unsubstantiated comparison, which are not allowed
cna you use the names of lawyers who have passed or retired as name partner?
yes
“wilson and associates” when you dont have other associates
“www.bigbucksforyou.com”
which of these names are proper?
neither, they are both misleading
can you call yourself “Washington law group”?
if trade name implies connection to any governmental agency, city, or charity, then it is misleading
when can you call yourself a certified specialist in a field?
you must have actually been certified by ABA or state approved authority
you must clearly identify the name of the certifying org.
can a lawyer state that she specializes in a particular field even if she is not certified specialist in the field?
yes, as long as it is based on her actual experience, training, or education in that field.
referral fees are allowed?
NO, but referral gifts are ok if they are nominal, nice meal ok, Rolex watch not ok
you cant agree in advance to give a gift
when can a lawyer agree with lawyer or non-lawyer professional to send clients to each other?
OK, as long they are not exclusive, not of indefinite duration, and must disclose agreement to client
non-lawyer profession can be doctor, accountant, insurance agent, someone licensed and regulated. cannot be random person
is placing ad in newspaper solicitation?
no
can you call people on zoom to solicit?
no solicitation by live contact
EXCEPT when money is not the motivating factor
potential contacts not covered by ban on live solicitation
relatives,
close friends,
prior business relations,
prior professional relations,
other lawyers,
routine business user of your type of service like brokers (sophistication)
is text message a live contact?
no, as long as they can ignore the text and not be pressured to respond in real time
when is all solicitation banned?
- person has already told you they dont want to be solicited, even if it’s your mom
- if it involves coercion, duress, harassment (if they are vulnerable)
- jx requirements like you cant solicit passengers within 40 days of a plane crash
can you reach out to org about adopting your services plan or pay others to generate leads?
yes, but you cant reach out to individual members
org can reach out to individual members, but they cannot solicit from members who are KNOWN to need the legal service
the lawyer also cannot own the org to skirt the rules
if a name partner leaves a firm to practice at another firm, can the firm continue using their name?
no because it would be misleading
rule about paying lead generators
A lawyer can pay others to generate client leads as long as the lead generator does not recommend the lawyer and the lead generator’s communications aren’t false or misleading
e.g. you cant pay them a fee in exchange for them to label your profile as “best lawyer”
Lawyer’s website states, “NEED A DIVORCE LAWYER? FILL OUT THE CONTACT FORM BELOW.”
is this solicitation prohibited?
No, this is NOT solicitation
Lawyer sends an e-mail to all members of her tennis club and encourages them to contact her for discounted services if they ever need a lawyer.
is this solicitation
No, this is advertising because none of the members are known to need legal services
