Professional Integrity - Top Chunk (3) Flashcards
Ads
An advertisement for legal services is permitted in all formats if it:
* (1) is not false or misleading,
* (2) identifies at least one lawyer or law firm responsible for its content,
* (3) does not state/imply that the lawyer is certified as a specialist in a particular field of law unless the lawyer is certified as such by an appropriate entity, AND
* (4) in CA, clearly includes the word ‘advertisement’, unless it’s apparent that the communication is an advertisement.
A lawyer is generally permitted to state that the lawyer “concentrates in”, is a “specialist”, practices a “specialty” or “specializes in” particular fields of law.
Solicitation
A lawyer or her agent shall not solicit professional employment by live person to person contact when a significant motive is for the lawyer/firm’s pecuniary gain unless the contact is with a lawyer, friend, family, or if they routinely use their services.
Unauthorized practice of law
A lawyer who assists a non-lawyer in unauthorized practice of law may be subject to civil and criminal penalties and is subject to discipline under the ethics rules.
In CA, a lawyer must not employ, associate in practice with, or assist a person the lawyer knows or reasonably should know is a disbarred attorney to engage in the practice of law, but can hire them to perform paralegal duties.
Supervisor Liability
Duty to Supervise
A lawyer has a duty to supervise all subordinate lawyers and non-lawyers to ensure that all members of the firm conform to the rules of professional conduct.
However, a subordinate lawyer does not violate the ethical rules if that lawyer acts in accordance with the supervisory lawyer’s reasonable resolution of an arguable question of professional duty.
