Info about Legal Services: Intro and Advertising

Question 1

What are the definitions of:

Advertising?

Solicitation?

Answer 1

“Advertising” - a communication with public at large

“Solicitation” - individual contact w lay person w goal of enticing them to hire lawyer

Question 2

Does the 1st amendment allow in person solicitation to be banned?

Answer 2

Yes.

Question 3

What is the basic rule w regards to attorney advertising?

Answer 3

Lawyer MAY NOT make communication that is FALSE or MISLEADING.

A statement is “false or misleading if” –>

(i) contains a MATERIAL MISREPRESENTATION of LAW or FACT; OR
(ii) omits information that is necessary to make the communication as a whole not misleading

Question 4

What is the rule w regards to advertisements and identity of advertiser?

Answer 4

Every lawyer advertisement MUST include NAME and OFFICE ADDRESS of at least one lawyer or firm responsible for its content

Question 5

May lawyer pay someone for recommendations?

Answer 5

NO.

HOWEVER –> lawyer may:

1. pay for ads
2. pay for legal service plan or qualified lawyer referral service

Question 6

What is the rule w regards to reciprocal referral arrangements with lawyers or nonlawyers?

Answer 6

Allowed, provided that:

1. arrangement is not exclusive; AND
2. lawyer explains arrangement when making referral

Question 7

What additional statutory restrictions apply to lawyers in California? (5)

Answer 7

California attorney advertising CANNOT contain:

1. guarantee of outcome of case;
2. words or symbols that suggest quick cash or quick settlement
3. impersonation of lawyer or client WITHOUT DISCLOSING its an impersonation
4. dramatization of event WITHOUT DISCLOSING that its a dramatization
5. contingent fee offer that doesn’t explain client must pay fees of litigation if they don’t win

Question 8

In CA, what is the rebuttable presumption that applies to attorney communications?

Answer 8

The following communications are PRESUMED TO BE FALSE OR MISLEADING unless the lawyer can prove otherwise:

1. communication delivered to a potential client who is in the hospital or suffering from physical or mental stress;
2. mailings that seek fee paying work and not clearly labeled as advertising
3. communications that contain testimonials that don’t contain a warning that they are not a promise of future results