F. Communication about Legal Services Flashcards
What type of statements may Lawyer make as ‘advertising’?*
Reasonably likely to create expectation about results
Comparing Lawyer’s services with + Describing quality of other lawyers’ services
NOT false/deceptive/misleading
Factually supported by Lawyer
Clients’ testimonials
- Client must give written consent
Labelled ‘attorney advertising’ + ‘prior results do not guarantee similar outcome’
How may Lawyers accept Client referrals?*
Accept referrals from;
- Legal service organisations
- Bar associations
- Non-profit organisations
Enter client referral arrangements w/ other lawyers
NOT compensate anyone for client recommendations
What methods of Client Solicitation may Lawyer be allowed to use?*
Mailings
Other targeted communications
- Must be filed w/ appropriate attorney disciplinary committee
- Must be available for public inspection
NOT
- In-person
- Telephone
- Real-time computer-accessed communication
UNLESS recipient is;
- Close friend
- Relative
- New/Former client
When may Lawyer solicit Client involving potential claims for personal injury/wrongful death?
After 30th day of incident
What methods may Lawyer use in promoting their businesses?*
Websites
Professional cards
Office signs
Letterheads
NOT violate statute/court rule
NOT trade name
NOT misleading name as to Lawyer’s identity
NOT firm name containing external lawyers’ names
- EXCEPT retired/deceased lawyers
What is Solicitation?
1) Advertisement
2) To specific person/group of persons
3) For purpose of retention of lawyer/law firm
4) Pecuniary gain
What are Lawyer’s obligations when communicating with unrepresented parties who are potential adverse parties?*
1) NOT state/imply Lawyer is somehow disinterested
2) If lawyer perceived that party might be neutral =>
- Lawyer must take reasonable steps to disinval that perception
- NOT impart legal advice to Party (EXCEPT advice to secure own counsel)
FYI applicable generally to Matrimonials
