Communications about Legal Services / Advertising Flashcards
Lawyer Advertising - Basic Rule for All Communications
Must not make false or misleading statements about self or services.
Communication of Specialties
Can’t claim to be “certified” specialist unless:
1) Certified by approved organization, and
2) Name of certifying organization clearly identified
Must Identify Lawyer or Firm
Must include name and contact info of at least one lawyer or firm responsible for content
Solicitation
Solicitation = targeted communication that you reasonably know needs particular legal services and that you’re offering to provide them.
Generally prohibited when the solicitation is for pecuniary gain.
CA: can still include asynchronous texts and chat rooms in that rule against in-person solicitation
EXCEPTION: you can solicit
1) pro bono work
2) other lawyers
3) relatives, friends, current and former clients
4) routine business users of your type of legal services
Written & Indirect Solicitation
General Rule: WRITTEN solicitation in writing, recorded, or electronic communication generally PERMITTED. Less concerns than with live solicitation.
-> UNLESS YOU’RE ANNOYING: Solicitation prohibited if someone says to piss off or if coercing or harassing or trying to get someone to agree under duress
NO INDIRECT SOLICITATION: No using agents to solicit if you yourself wouldn’t be allowed to do it directly.
Ex: lawyer sent paralegal dressed as clergy member to provide injured patients with comfort and lawyer’s business cards in case they wanted to sue. Is that ok? No lol. That’s deception + solicitation in person to people not in a position to resist. Many violations.
Prepaid or Group Legal Services Plans
These are ok because when enrolling clients who aren’t known to be in need of particular services at the time.
Paying for Recommendations: generally prohibited, except
- Tokens of appreciation
- Reciprocal referral arrangements, if non-exclusive and client is informed
- Paying costs of advertising, legal service plan, etc.
