Information About Legal Services Flashcards
Communications Concerning a Lawyer’s Services
A lawyer CANNOT make a false or misleading communication about the lawyer or the lawyer’s services.
A communication is false or misleading if it: (a) contains a material misrepresentation of fact or law; OR (b) omits a fact necessary to make the statement not materially misleading.
Advertising Legal Services–General Requirements
An advertisement for legal services is permitted in all formats if it:
(1) is not false or misleading;
(2) identifies at least one lawyer or law firm responsible for its content;
(3) does not state/imply that the lawyer is certified as a specialist in a particular field of law, unless the lawyer is certified as such by an appropriate entity; AND
(4) [CA only] clearly includes the word “Advertisement”, unless it’s apparent that the communication is an advertisement.
Advertising Legal Services–“specialist”
A lawyer is generally permitted to state that the lawyer “concentrates in,” is a “specialist,” practices a “specialty,” or “specializes in” particular fields of law.
Solicitation of Clients–General Prohibition
A lawyer or his agent CANNOT solicit a person by in- person, live telephone, or real-time electronic contact for professional employment when a significant motive is for pecuniary gain UNLESS the person:
(a) is a lawyer;
(b) has a family, close personal, or prior business/professional relationship with the lawyer/law firm; OR
(c) [ABA only] routinely uses the type of legal services offered for business purposes.
Solicitation of Clients–“Real Time Electronics”
Real-time electronic contact DOES NOT include chat rooms, text messages, or other written communications that recipients may easily disregard (i.e. email).
Solicitations of Clients–harassing/bothering people
Additionally, a lawyer CANNOT solicit a person when:
(a) said person has told the lawyer to not solicit; OR
(b) if it involves coercion, duress, harassment, or [intrusion - CA only].
Compensation for Recommending Lawyer’s Services–In General
A lawyer CANNOT compensate a person for recommending the lawyer’s services.
Compensation for Recommending Lawyer’s Services–Exceptions
However, a lawyer MAY:
(a) pay the reasonable costs of permitted advertisements/communications;
(b) pay the usual charges of a legal service plan or approved lawyer referral service;
(c) pay for a law practice; OR
(d) give nominal gifts as an expression of appreciation not intended/expected to be compensation for recommending the lawyer’s services.
Compensation for Recommending Lawyer’s Services–Referral Agreements
A lawyer MAY refer clients to another lawyer (or a nonlawyer professional) pursuant to an agreement (not otherwise prohibited) that provides for the other person to refer clients or customers to the lawyer, if: (1) the reciprocal referral agreement is not exclusive; AND (2) the client is informed of the existence and nature of the agreement.
