Information about legal services Flashcards
Communication concerning a lawyer’s services
A lawyer CANNOT make a false or misleading communication about the lawyer or the lawyer’s services.
Advertising legal services
An ad for legal services is permitted if
* not false
* identifes at least 1 lawyer or law responsible for its content
* does not state / imply the L is certified as specialized in a particular field UNLESS the L is certfied as such by an appropriate entity and
* “includes the word AD (ca)
Solicitation of Clients
- L generally CANNOT solicit a person by in person / real time electronic contact for professional employment UNLESS person is a lawyer, close personal, prior business relationship with lawyer.
RTEC ≠ chat rooms, texts, emails
When must a lawyer STOP solliciting a person
When a person has 1- communicated to L not to solicit OR 2- if it involves, coercion, duress, harassment
Compensation for recommending a lawyer’s services
A lawyer CANNOT compensate a person for recommending the lawyer’s services.
HOWEVER: may for
* rb costs of permitted ads
* pay the usual charges of a legal service plan or approved lawyer referral service
* pay for a law practice OR
* give nominal gifts as an expression of appreciation.
May a lawyer refer clients to another lawyer (or a non lawyer professional) pursuant to an agreement?
L may arrange reciprocal referrals with another L or non-L professional if it is not exclusive, and L explains to C when making referral
Runners & Cappers
Lawyers who employ agents to monitor accidents and other events likely to produce legal work and to solicit business for the lawyer are subject to discipline.
In CA, use of such runners or cappers is a criminal violation. Any contract for runners and cappers is specifically void as illegal in CA.
However, use of a state bar–authorized lawyer-referral service, legal insurance, prepaid legal service plan, or pro bono network is not subject to this prohibition.
