Professional Conduct Essay Blurbs Flashcards
Generally, attorney advertisements are protected speech. But the contract may be regulated by the rules of professional conduct. An attorney ad may not be misleading, must be labeled as an advertisement, must not claim expert or certified status when one does not exist, and must not guarantee money or results. It must include the name of the attorney making the ad or law firm, the number to call, and facts to alert the public that it is a legal advertisement.
Thus, the attorney should create an ad that is headlined as a legal advertisement. He should then let the public know what particular thing he is looking for and include his name, firm name, and telephone number. He should also include the fact that an attorney client relationship may not be formed merely by placing a call. He should refrain from using any pictures or symbols other than the scales of justice or law books, and should not include celebrity endorsements of any kind. If he does all of the above, he should remain in compliance with the rules of professional conduct.
Fee agreements must be reasonable. When contingencies fees are involved they must be in writing, signed by the client, stating the terms of the arrangement, and in most cases making the parties jointly or severally liable , or defining the arrangement by the amount of work donw
Having another attorney work on the matter - as well as payment of referral fees - must be done with the consent of the client and agreement on fees should be be documented and signed by client
