Ethics in Advertising

Question 1

Constitutionality of Advertising - Generally

Answer 1

• Current Sup. Ct. Jurisprudence allows for regulation of lawyer advertising

Question 2

Cal 1-400 - What is a “communication”?

Answer 2

Any message or offer made by or on behalf of a member concerning the availability of professional employment, directed at anyone

Question 3

Cal 1-400(d) - Communication/Solicitation Restrictions

Answer 3

A comm/solicit shall not;

1. contain false statements
2. contain misleading facts
3. omit material facts
4. fail to clearly indicate it is an ad
5. be transmitted in any negative way (coercion)
6. state that they are a “certified specialist,” unless they actually are certified by something

Question 4

Cal 1-400(b) - What is a “solicitation”?

Answer 4

A communication that;

1. concerns availability of lawyer and significant motive is pecuniary
2. which is delived…
   (a) in person or by telephone,
   (b) directed to a person that attorney knows is already represented
3. Not considered solicitation if; family, prior professional relationship, constitutional