marketing legal services Flashcards
general advertising rules
(1) NO false or misleading statements about you or your services
— no statements that lead a reasonable person to reach unfounded conclusion
– no reports of lawyers achievements that would lead reasonable person to form unjustified expectation of getting the same results in a similar matter without reference to the specific circumstances of each client’s case
– no unsubstantiated comparison or claim of lawyer’s services or fees that would lead reasonable person to conclude that the clam can be substantiated
(2) no misleading names
– cannot imply a connection with a gov’t agency when there is none
– cannot imply lawyer practices in a partnership when that is not the case
– cannot include name of non lawyer or lawyer not associated with the firm
(3) lawyer who is specialist may communicate specialty or certification as long as statement is not false or misleading (specialist by experience, training, education or certification)
solicitation rules
DEFINITION: solicitation is a communication initiated by the lawyer that is directed to a specific person and that offers to provide or can reasonably be understood as offering to provide legal services
PERMITTED CONDUCT
– in-person, live telephone or real time electronic contact with potential clients
PROHIBITED CONDUCT
No solicitation by any method IF:
(1) target has told lawyer that they do not want to be solicited by the lawyer
(2) solicitation involves harassment, undue influence, duress, or unwarranted promises of benefits
labeling rules
any written, recorded, or electronic communication from a lawyer soliciting professional employment from a potential client known to be in need of legal services on a particular matter must display conspicuously: “ADVERTISING MATERIAL” on the outside of the evelope and at the beginning of electronic or recorded communications
EXCEPTIONS:
(1) recipient is a lawyer
(2) recipient has personal, familial, or prior professional relationship with lawyer
(3) lawyer has had prior contact with lawyer
or
(4) lawyer is contacted pursuant to court-ordered notification
