Getting the Client

Question 1

How do you get clients?

Answer 1

• Advertise availability
• DO NOT solicit

Question 2

What communications concerning lawyer services cannot be made?

Answer 2

• a lawyer shall not make a false or misleading communication about the lawyer or his services

Question 3

What is constituted as advertising allowed in NY? (differ from ABA)

Answer 3

• bragging about past track record
• bragging about past successes
• statements that compare your services as a lawyer with another
• include info about legal fees
  
  • how much you charge (hourly)
• allows use of clients bragging about past victories

Question 4

What is not allowed as advertising?

Answer 4

• testimonial from a client that currently has a matter pending
• if paying for endorsement, must state that is the case
• can use nicknames like “legal clinic” or “legal center” so long as not misleading
  
  • can’t claim a partnership unless one exists
• generally cannot claim you are a specialist in a particular area
• can include names of attys not admitted to practice in NY so long as you indicate such

Question 5

What is the rule for referrals?

Answer 5

• generally you cannot give anyuthing of value to someone for recommending your services as a lawyer
• EXCEPTION
  
  • can pay the reasonable cost of advertising
• Can pay the cost of a not-for-profit lawyer referral service

Question 6

What constitutes solicitation?

Answer 6

• in person, live telephone or real-time electronic contact with a prospective client
  
  • prospective client - someone who you know is in need of legal services

Question 7

When does solicitation not apply?

Answer 7

• when ccontacting:
  
  • another lawyer
  • family member or a close personal friend
  • former client

Question 8

How do you test whether a communication is solicitation?

Answer 8

• when the reason the lawyer is contacting the prosepctive client is pecuniary gain to the lawyer

EXAMPLE

Attorneys who offered pro bono legal services through the ACLU were found not to have violated the rule, as their motive was not pecuniary gain.

Question 9

What are other forms aside from solicitation to contact a prospective client?

Answer 9

• writing
• recording
• electronic communication

Question 10

What is the communication rule when it is written, recorded or an electronic communication to a prospective client?

Answer 10

• will be allowed SO LONG AS the words:
  
  • “Advertising Material” or
  • “Atty advertising” are included
• Written material
  
  • appear on the communication or envelope if mailed
• Recording
  
  • at the begining & end of the recording
• Electronic Communication
  
  • the beginning & end of the electronic communication

Question 11

What is the rule for solicitation committed by a third person?