Pg 19 Flashcards
What is the acronym to remember the exceptions to the rule on solicitation?
ROFF
What is the reasoning for the ROFF exceptions to solicitation?
These people are not susceptible to high pressure sales pitches in the same way that strangers and non-attorneys would be
What are the four exceptions to rule against in person solicitation?
Relatives, other attorneys, former clients, friends or close personal relationships
Who is included under relatives in the ROFF exception to in-person solicitation?
Those that are related by blood and by marriage
When are situations that solicitation is never allowed, even if it is to the ROFF exceptions?
– if the client has indicated he does not want contact or to be solicited
- if the solicitation involves coercion, duress, or harassment
If you send advertising as direct mail, what must be on it?
The words “advertising material“ must be on the outside of the envelope or at the beginning or end of any recorded/electronic communication unless the recipient is on the ROFF list
If an attorney sends a response to a request from a potential client via the mail or an electronic communication, does it have to have the words “advertising material” on it?
No
If an attorney sends a general announcement about a change in personnel or law office location, does that need the “advertising material“ disclaimer on it?
No
What are the types of advertising that must have “advertising material” on them or at the beginning or end?
Email, auto dial phone messages, mail
What is the rule regarding referrals?
An attorney shall not give anything of value to a person for recommending his services, with a few exceptions
What are the exceptions to the rule against attorneys paying for referrals?
- can pay the reasonable costs of advertisements
– can pay usual charges of for a legal services plan or a qualified attorney referral service that is approved by a regulatory authority
– can buy a law practice
– can refer clients to another attorneys or non-attorney professionals like an accountant under a reciprocal referral agreement if it is not exclusive and the client is informed of the agreement
What are the rules under a reciprocal referral agreement?
These cannot be exclusive, and the client must be informed of the agreement. Cannot be quid pro quo and should be a matter of mutual reputation and trust and motivated by providing clients excellent referrals
If a client puts a limit on the budget that prevents the attorney from doing a complete or diligent job, what must the attorney do under MR 1.3?
If the budget is too low for the attorney to competently and diligently do his job, he must decline the representation or withdraw
When are the circumstances that an attorney can sell or buy a practice?
- if the seller agrees to stop practising law in some geographical area or substantive area
– the entire practice or area of practice must be sold to one attorney or firm - seller must give written notice to each of the seller’s client’s
If an attorney is selling his practice, what must be included in the written notice that he must give to each of his clients?
Notice of the proposed sale, notice of the client’s right to get other counsel or to take possession of their file, statement that the client’s consent to the transfer of his file is presumed if the client doesn’t take any action or object within 90 days, and statement that no greater fees will be charged
