Duty of Truthful Advertising and Avoidance of Solicitation

Question 1

Advertising (Definition)

Answer 1

Typical issue with advertising is whether it contains a material misrepresentation of a law or fact or omits information necessary to make the communication as a whole not misleading. Untruthful, false, or misleading advertising may be prohibited without violating the First Amendment.

Question 2

CA Prohibited Advertisements

Answer 2

(1) A guarantee or warranty of the outcome of the case;
(2) words or symbols that suggest quick cash or a quick settlement;
(3) an impersonation of a lawyer or client without disclosing that it is an impersonation;
(4) a dramatization of an accident o other event without disclosing that it is a dramatization; and
(5) a contingent fee offer that does not warn that a client who loses a case must still pay litigation costs if that is the arrangement

Question 3

Communications Presumed False or Misleading

Answer 3

(3) communications containing testimonials or endorsements without a disclaimer that the testimonials or endorsements are not a promise about the results in the potential client’s case.

Question 4

Solicitation (Definition)

Answer 4

A lawyer must not seek fee-paying work by initiating personal or telephone contact with a prospective client who is not a former client, current client, or someone with whom the lawyer has a personal, professional, or family relationship.

Question 5

Personal Contact (Definition, for Solicitation)

Answer 5

Face to face contact, but also any contact where the lawyer’s pecuniary gain is a significant motive for the solicitation.

However, absent actual knowledge that the prospective client does not wish to receive communications from the lawyer, a lawyer may send truthful, non-deceptive letters to persons known to face a specific legal problem.