getting the client

Question 0

naming law practice

Answer 0

1. name not misleading
2. multi jurisdictional practice requires disclosure of names of individuals not admitted to particular jurisdiction
3. public office holders names prohibited while not regularly practicing with firm
4. use of Partnership only proper when it actually exists

Question 1

purchase of a law practice

Answer 1

1. seller ceases all private practice of law, or will not practice in the same geographical area and/or substantive area
2. entire practice, or practice area, is sold to one or more lawyers or groups and
3. seller notifies all clients in writing of the following
   a. proposed sale
   b. clients right to obtain other counsel or take possession of their file
   c. notice that consent will be presumed if no action is taken by client within 90 days of notice
   * clients who cannot be notified require court order for case to be transferred.

Question 2

advertising rules

Answer 2

1. truthful statements
2. contains no material misrepresentations of fact
3. doesn’t create unjustified expectations
4. doesn’t compare services or fees that cannot be objectively substantiated
5. contains name and address of at least one lawyer responsible for content
6. mail targeting individuals known to need legal services must be labeled “advertising material” on envelope and at the beginning or end of recorded advertisement.

Question 3

advertising as Specialist and Certified Specialist

Answer 3

1. stating person is a specialist

Question 4

referral rule in general

Answer 4

a lawyer may not give anything of value for client referrals

Question 5

referral exceptions

Answer 5

1. may pay fees associated with being a part of a legal service plan or not-for-profit or qualified lawyer referral service approved by appropriate regulatory authority.
2. reciprocal referral agreement among lawyers and non-lawyer professionals so long as not exclusive, of limited duration, and disclosed to the client.

Question 6

solicitation exceptions

Answer 6

1. solicitation is another lawyer or
2. family or other close personal relationship
3. former client
4. lawyer has no pecuniary motive for the solicitation

Question 7

written communication directed to someone who the lawyer knows is in need of legal services

Answer 7

when communication is directed to someone known to need legal services the words “advertising material” needs to be placed in the advertising

Question 8

in person solicitation of law related services

Answer 8

where services are not distinct from the provision of legal services - ethical rules apply

• rules prohibit in person contact with prospective client for pecuniary gain
• in these case, lawyer must refrain from in person contacts to solicit law related services

Question 9

prohibited communicatons

Answer 9

1. when an individual has stated a desire not to be solicited
2. solicitation includes coercion, duress, or harassment

Question 10

referral services

Answer 10

lawyer may not give anything of value for recommending services

may use a regionally approved referral service or
a not for profit referral service