Finding & Entering into Relationships w/Clients

Question 1

Advertising
Re: General Communications

Answer 1

Lawyer can’t make a false or misleading communication about the lawyer or the lawyer’s services.

Question 2

Advertising
Re: Definition of False or Misleading

Answer 2

Communication is false or misleading if it:

1. contains a material misrepresentation of fact or law; or
2. omits a fact necessary to make the communication considered as a whole not materially misleading.

Example: Attorney Ryan “The Mallet” McAllister advertises: “Divorces for $500. No reason to break the bank over a broken heart!” What the advertisement fails to mention is that the $500 fee applies only where the divorce is uncontested, the couple has no children, and there are no significant assets to divide. More complex cases are subject to a standard hourly rate above the $500 fee. The advertisement is misleading because it fails to state the conditions for which a fee of only $500 would apply.

Question 3

Advertising
re: California Business and Professional Code 6157.2

Answer 3

tldr: No guarantees, no quick settlements, and no false or misleading statements in advertising.

Can’t do these things under this CBPC Rule:

Statements that the lawyer can guarantee the outcome of a legal matter;

Statements that the lawyer can obtain immediate cash or quick settlements for clients;

Impersonations of the lawyer and a client, unless disclosure of dramatization is made;

Statement that a lawyer offers representation on a contingent basis, unless it also states, if applicable, that the client will be responsible for any costs advanced by the lawyer if no recovery is obtained; and

Advertisements containing any false, misleading, or deceptive statements, or omissions of any fact necessary to make the statements made not false, misleading, or deceptive.

Question 4

Solicitations

Answer 4

Direct contact for purposes of soliciting a prospective client is prohibited, unless the person contacted is a lawyer or has a prior personal or professional relationship with the lawyer contacting him.

Limitation applies to in person and live communications

Question 5

Solicitations
Re: Exceptions

Answer 5

The solicitation prohibition does not apply if pecuniary gain is not a motive.

EXAMPLE: A lawyer who wishes to challenge a law and seeks to represent a client pro bono for such purpose can solicit a client since he has no interest in pecuniary gain.

Question 6

Employment of a Runner
CBPC 6154(a)

Answer 6

California prohibits the employment of a runner or capper to solicit business for a lawyer or firm.

This means: Can’t use another person to solicit for you. Like if you have a friend who works in hospital - personal injury cannot ask that friend to give out PI business card and tell patients they can be represented by said PI lawyer.

Question 7

Lawyer Referrals

Answer 7

Generally: A lawyer is prohibited from giving anything of value to a person for recommending the lawyer’s services

Question 8

Lawyer Referrals
Re: Things of value lawyers can give for recommending services

Answer 8

1. payment for reasonable advertising costs;
2. payment of usual charges of a legal service plan or non-profit, or a qualified lawyer referral service approved by the State bar;
3. payment for sale of a law practice; or
4. referral of clients to another lawyer or non-lawyer professional pursuant to an agreement, which provides that the other person refers clients or customers to the lawyer, as long as the reciprocal referral agreement is not exclusive and the client is informed of the agreement and nature.

Question 9

Lawyer Referrals
Re: Model Rules v. CPRC

Answer 9

Model Rules: allows a lawyer to give only a nominal gift as an expression of appreciation.

CRPC: Doesn’t use the word “nominal” and

allows a lawyer to give a gift to a person who referred a client to the lawyer or firm, provided that it was not offered or given in consideration of any promise, agreement, or understanding that the gift would be forthcoming or that referrals would be made or encouraged in the future

Question 10

Lawyer Referrals
Re: Naked Referral Fees

Answer 10

California is one of the few states that allow “naked referral fees” where the referring lawyer does no work on the case.

The rationale for allowing these gifts to the referring lawyer is to encourage lawyers not to keep cases that are outside their area of competence, but to refer the client to a lawyer who can truly serve the client well.