Marketing & Solicitation Flashcards
What standard are lawyers held to when it comes to their communications?
Lawyers cannot make a false or misleading communication about themselves or their services.
Rule 7.1
How do we determine if a communication is false or misleading?
A communication is false or misleading if it:
(1) contains a material misrepresentation of fact or law; or
(2) omits a fact necessary to make the statement considered as a whole not misleading.
Rule 7.1
Are advertisements about a lawyer’s services subject to Rule 7.1?
Yes, Rule 7.1 is a blanket ban on lawyers making false or misleading communications about themselves or their services.
Are lawyers allowed to advertise through social media?
Yes. There are no prohibitions on a lawyer advertising through any medium.
Rule 7.2
Are lawyers allowed to pay for referrals?
No, lawyers may not pay for referrals.
Rule 7.2(b)
Are lawyers allowed to give gifts in exchange for referrals?
Lawyers may only give gifts after receiving referrals if they are:
(1) Nominal; and
(2) not intended as or reasonably viewed as compensation.
What are the two tiers of solicitation?
(1) Synchronous Solicitation
(2) Asynchronous Solicitation
What is Synchronous Solicitation?
Synchronous Solicitation is live person-to-person contact (e.g., a face-to-face conversation or a phone call).
What is Asynchronous Solicitation?
Asynchronous Solicitations are any form of non-live person to person contact (e.g., written communications (including texts), voicemails, and emails).
When is Synchronous Solicitation prohibited?
A lawyer may not use Synchronous Solicitation when the motive for doing so is pecuniary game.
Rule 7.3(b)
What is an example of using a Synchronous Solicitation for purposes besides pecuniary gain?
Soliciting someone with the offer of doing pro bono work with the goal of impact litigation would be an example of solicitation for purposes besides pecuniary game.
What are the three exceptions to the prohibition on using Synchronous Solicitations for pecuniary gain?
You may engage in synchronous soliticitation of the following people for the purpose of pecuniary gain:
(1) lawyers;
(2) a person who you have a family, close person, or prior business or professional relationship with; and
(3) a person who routinely uses for business purposes the type of legal services you offer.
Rule 7.3(b)(1)-(3)
When is a lawyer prohibited from engaging in any solicitation with the potential client, whether it is synchronous or asynchronous?
You are not able to solicit a potential client at all if:
(1) they have told you that they’re not interested or otherwise made it known that they don’t want you or
(2) the solicitation uses any kind of coercion, duress, or harassment.
Rule 7.3(c)(1)-(2)
Are lawyers allowed to purport themselves as being certified in a specific field?
You may not advertise as being certified as a specialist in a particular field of law unless:
(1) the certifying organization has been approved by an appropriate state-level authority or has been accredited by the ABA and
(2) you clearly identify the name of the certifying organization in any advertisements mentioning the certification.
Are lawyers allowed to advertise as practicing in a specific field?
Yes, you can mention that you specialize in a certain field, but you can’t say that you’re certified in it unless you meet the requirements listed in Rule 7.2(c)(1)-(2).
