Duties Owed to Non-Clients: Duty of Candor to the Public and Dignity of the Profession: Advertising and Solicitation Flashcards
What is the constitutional floor in regards to commercial advertising?
A state can regulate attorney advertising and solicitation subject to the lawyer’s limited commercial free speech rights under the First Amendment.
When may the government regulate commercial speech?
If the government:
1) asserts a substantial interest
2) the regulation directly advances that interest
3) It is narrowly tailored
What up Con Law?!
What is the basic rule regarding advertising?
It must not be false or misleading, nor omit material information.
Can you guarantee, warrant, or give predictions of results in an advertisement?
CA presumes they are improper.
Are testimonials allowed?
Yes, if there is an express disclaimer that they are not guarantees, warranties, or predictions of results.
Can a lawyer advertise that he is a specialist?
Not unless he is a certified specialist.
Can a lawyer explain his fields of practice?
Sure, he can say his practice is limited to the federal courts for example
Can a lawyer use targeted mailings?
As long as they meet the guidelines for such, and are labeled as advertising.
Advertising must not harass
Just know this
Do you have to keep record of ads?
yes for two years
What is soliciation?
individualized contact with a layperson
What is the rule regarding solicitation?
Do not seek professional employment for pecuniary gain by initiating a live or telephone contact with a prospective client with whom you have no prior professional, personal, or family relationship
Is being in a chat room offering legal services within the meaning of solicitation?
Yes, ABA considers all real-time electronic contact.
CA, reading live or telephone narrowly
What is the CA presumption regarding solicitations?
Improper communications are made at the scene of an accident or en route to a medical facility, and to potential clients that you should know are not in the physical or mental state to exercise reasonable judgment.
What are an agents abilities regarding solicitation?
An agent cannot do anything a lawyer himself cannot do.
