Marketing Legal Services

Question 1

basic rule: advertising and related communications

Answer 1

no false or misleading statements

truthful statements are misleading if a reasonable person would reach unfounded conclusion, a reasonable person forms unjustified expectation of receiving the same results in a similar matter, etc

CA: includes saying you provide legal services in another language (unless you’re able to and employment title of person who speaks the language is included); “no fee without recovery” unless discloses whether or not the client will be liable for costs

Question 2

CA statutory restriction on advertising

Answer 2

prohibits ads that:
- guarantee or warranty outcome of case
- words or symbols suggesting quick cash/settlement
- impersonation of lawyer or client w/o disclosing it is an impersonation (also dramatization)
- contingent fee offer that does not warn that a client who loses a case must pay litigation costs

Question 3

firm names, designations, letterheads

Answer 3

can’t be false or misleading (e.g., implies connection w/ gov or another entity, states or implies partnership/org when not the case, includes name of lawyers not associated w/ firm unless they were and are now dead)

Question 4

advertising specialties

Answer 4

can list but can’t say you’re certified specialist unless actually have certificate and name of the certifying org is present
must ID lawyer or firm

Question 5

solicitation

Answer 5

targeted communication initiated by lawyer that is directed to a specific person that lawyer knows or should know needs legal services and offerrs to provide

live person-to-person generally prohibited (including real-time electronic/telephone)
- exceptions for less vulnerable targets like close personal relationship, family, another lawyer, routinely uses for business purposes the type of services offered by lawyer (CA excludes this one)

written generally permitted (CA must include advertisement or words of similar import)

all solicitation prohibited if target made known they don’t want to be solicited or it involves coercion, duress, or harassment

can use prepaid group or legal services as long as plan only contact people not known to need legal services in a particular matter covered by plan

Question 6

paying for recommendations

Answer 6

can’t give anything of value except tokens of appreciation if not offered or given in consideration of referral

reciprocal referral agreements okay if:
1) not exclusive and
2) client informed of agreement

other common sense exceptions:
1) reasonable costs of advertising
2) usual charges of legal services plan
3) purchase a law practice