Communications re Legal Services Flashcards
Lawyer Elected to Public Service + Continuing Practice
If a lawyer has entered public service, the firm can’t use the lawyer’s name during any substantial period in which the lawyer isn’t regularly and actively practicing with the firm
Advertising as Specialist
Any lawyer may state that she is a “specialist” in a particular field of law based on her experience, specialized training, or education as long as the statement isn’t false or misleading.
A lawyer shall not state or imply that they are certified as a specialist in a particular field of law unless
They are certified by organization accredited by ABA or approved by state authority AND
Clearly identify certifying organization
Gifts to Clients
A lawyer shall not compensate, give, or promise anything of value to a person for recommending the lawyer’s services except:
1) Give nominal gifts as a token of appreciation that are neither intended nor expected to be a form of compensation for recommending lawyer’s services
2) Pay the reasonable costs of advertisements
….But if paying lead generator, the generator cannot recommend the lawyer and its not false or misleading!
3) Pay the usual charges of legal service plan
4) Pay the cost of participating in nonprofit referral service
Reciprocal referral agreements
… with lawyer or nonlawyer professional (someone who has a high level of training and is licensed and regulated):
-Must not be exclusive
-Should not be of indefinite duration
-Referred client must be told of agreement
Solicitation
Solicitation = communication initiated by or on behalf of lawyer and directed to a specific person KNOWN TO need legal services in a particular matter- (i.e, sending letters to everyone at ur tennis club isn’t solicitation)
Solictation Methods
Must not solicit employment by live person-to-person contact when significant motive is money
No in-person contact unless close friends
No live telephone contact
No real-time audio or video
Texts, emails, letters, and recorded messages are generally permitted
Exceptions to Methods of Solicitation
Relatives
Close friends
Persons with prior business relationships
Persons with prior professional relationships
Other lawyers
Routine business users of services!!!!
Prohibited Solicitation
Person has made known to lawyer that they do not want the solicitation
Solicitation amounts to coercion, duress, or harassment
Specific legal restrictions (civil or criminal penalties)
Advertising Legal Services
Dont forget about what a reasonable reader might think
Legal Services Referral Plan
A lawyer may receive legal business through such a legal service referral plan, unless the operator of the plan uses live person-to-person contact to solicit people who it knows are in need of legal services in a particular matter covered by the plan.
Forwarding Fees
A “forwarding fee” is another term for a “referral fee,” and payments for referrals are prohibited
