Pg 18

Question 1

What is advertising?

Answer 1

General communication with the public at large

Question 2

What are the basic rules for attorney advertising?

Answer 2

Ads cannot be false, deceptive, or misleading, cannot create unjustified expectations or unsubstantiated comparisons, must include attorney’s/firm’s name and office address

Question 3

What is the rule regarding false or misleading speech in advertising?

Answer 3

Ad cannot be false or misleading about the attorney or his services cannot omit a factor that is necessary

Question 4

What are ways that ad statements can be false or misleading?

Answer 4

Because of what they say, and what they do not say

Question 5

How can a truthful ad be misleading?

Answer 5

If it would lead a reasonable person to form an unjustified expectation about the attorney or his services

Question 6

What is an unsubstantiated comparison when speaking about advertising?

Answer 6

Comparing the attorney’s services or fees with other attorneys is misleading if it would lead a reasonable person to believe the comparison can be substantiated

Question 7

How can you remedy an unsubstantiated comparison to make it OK?

Answer 7

Use a disclaimer of qualifying language in the ad

Question 8

Can a truthful report of an attorney’s achievements be misleading?

Answer 8

Yes, if it would lead a reasonable person to have an unjustified expectation that the same results could be gotten for other clients in similar matters without referring to the specific factual or legal circumstances of each clients case

Question 9

What is the rule for making claims about the quality of your services in advertising?

Answer 9

You can’t claim anything about them because that cannot be measured or verified

Question 10

What are the different ways that you can advertise?

Answer 10

Written, recorded, electronic communication with the public media

Question 11

What are the things that are allowed in advertising?

Answer 11

The attorney’s name, firm name, address, email, website, phone number, services offered, basis of attorney fees, prices for specific services, credit arrangements, foreign languages spoken, references, regularly represented clients with their permission

Question 12

What does a claim of specialization do?

Answer 12

Lets the attorney tell the public that he practises in a certain field or his practice is restricted to a certain area

Question 13

Attorneys are not allowed to imply they specialize in a field unless what three things?

Answer 13

– They are admitted to practice in US patent or trademark office
– engaged in Admiralty practice
– can say “certified specialist in law” if they are certified by the appropriate state authority or ABA and must clearly identify the certifying authority and the organization must be accredited by the ABA or an appropriate state authority

Question 14

Is an attorney allowed to say that he specializes in a certain field?

Answer 14

Yes, as long as it is truthful, and that he doesn’t say or imply he is certified as a specialist in that field unless he is

Question 15

Is there a particular time period or experience required in order to state that you specialize in an area of law?

Answer 15

No

Question 16

If Law firms have offices in multiple jurisdictions, can they use the same name?

Answer 16

Yes

Question 17

What is the rule about an attorney holding public office and his name being in a law firm‘s name?

Answer 17

If an attorney holds public office, his name can’t be used in the name of the law firm during the substantial period that the attorney is not actively or regularly practising with the firm

Question 18

Can attorneys participate in the political process?

Answer 18

Yes, they can make contributions to candidates for public office such as gifts, subscriptions, loans, etc

Question 19

Can an attorney state or imply the ability to influence improperly a government agency or official?

Answer 19

No!

Question 20

What is solicitation?

Answer 20

A client-getting activity that involves personal contact initiated by the attorney or his agent and a specific potential client that seeks employment for pecuniary gain

Question 21

What is included in personal contact for solicitation?

Answer 21

Face to face, on the phone, real time electronic

Question 22

Is solicitation the same as advertising?

Answer 22

No

Question 23

Is ambulance chasing allowed?

Answer 23

No, you can’t do anything that will invade a client’s privacy, over reach, or use undue influence

Question 24

Why is solicitation forbidden for attorneys?

Answer 24

Because it cannot be policed since it happens in private and there’s usually no proof

Question 25

What types of advertising are allowed?

Answer 25

Ads in newspapers, mailed solicitation letters

Question 26

Why is a mailed solicitation letter allowed?

Answer 26

Because it is not in person so there is no risk since the recipient can set it aside for later, ignore it, throw it away, and the court can require that copies be sent to a regulatory agency

Question 27

What are the dangers of solicitation?

Answer 27

High pressure sales pitch, demands for immediate response, no time to reflect, attorney’s power of persuasion may overcome the will of the target, intimidation, undue influence, and overreaching

Question 28

What are things that are not considered to be solicitation?

Answer 28

Leaving a message on an answering machine, anything directed to the general public like: a billboard, Internet banner, TV ad, website, etc

Question 29

If an attorney witnesses an accident, can he hand out cards to the victims at the scene?

Answer 29

Not if his significant motivation is pecuniary gain

Question 30

If an attorney witnesses an accident, what is the exception that would allow him to hand out cards to the victims at the scene?

Answer 30

He can explain the need for legal services and offer his for free, or suggest someone else to help

Question 31

Direct solicitation is OK when what?

Answer 31

The significant or substantial motive is not on pecuniary gain