Communications and Ethical Obligations Flashcards
Are advertising and solicitation allowed in PA
Yes, subject to restrictions
Can a lawyer make false or misleading communications about his services?
No, and misleading statements can be misleading even if truthful
Does Pennsylvania allow client testimonials?
Yes, provided they’re truthful
Non-clients, celebrities, and public officials cannot provide testimonials
Can a lawyer use a public official in advertisements?
No, unless the official is actively and regularly practicing law with the firm
Can a lawyer designate himself as a specialist?
No, unless a patent lawyer, proctor in admiralty, or some other certification
Must lawyers keep records of their advertisements?
Yes, for two years
Must advertisements mention the name and address of a lawyer or law firm?
Yes
Can lawyers solicit clients through real-time electronic means?
No, generally not
When can a lawyer solicit clients?
- Auto-dials and the like;
- Close relationships and former clients; and
- Pro bono cases (no pecuniary gain)
Does a lawyer have a duty of candor with tribunals?
Yes
What must a lawyer do if he knows the client intends to commit perjury?
He must:
- Attempt to dissuade;
- If client refuses, withdraw; and
- If withdrawal denied, disclose the perjury even if doing so would reveal confidential information
Can a lawyer obstruct another party’s access to evidence or alter evidence?
No
Can lawyers communicate with jurors?
Categorically no during proceedings, but after discharge if the jury has not expressed a desire to the contrary or some other barrier (misrep, coercion, duress, etc.)
Can lawyers make ex parte communications with a judge or represented person?
No, even with good intentions
Can a lawyer testify as a witness?
No, a lawyer should generally be disqualified if likely to be a necessary witness
