Publicity and Solicitation

Question 1

When can a firm name claim partnership?

Answer 1

Only when the attorneys are actually practicing together as partners. Attorneys are not partners if they have separate practices, do not share office expenses, revenues/fees, or clients, have a referral agreement.

Question 2

Can firms ever contain names of deceased people?

Answer 2

Yes, but only when the deceased person was a former member of the firm, and there has been a succession in the firms identity.

Question 3

What if a lawyer in the firm holds public office?

Answer 3

Their name cannot be used in the name of the firm for any perido of time in which the lawyer is not actively/regularly practicing with the firm.

Question 4

What are the rules for referral agreements?

Answer 4

The agreement…
1. Cannot be exclusive
2. Cannot interfere with lawyer’s judgement
3. Cannot be infinite (has to have an end date)
4. Client must be informed of the agreement/its nature.

Question 5

What is a reciprocol referral agreement?

Answer 5

When a lawyer refers clients to another professional (lawyer or not), in exchange for that profession referring their clients to the lawyer.

Question 6

When is an advertisement false or misleading?

Answer 6

When it:
1. omits a fact that is necessary for it not to be misleading
2. is substantially likely to lead a reasonable person to believe that they need to take action when such action is not required
3. is substantially likely to leader a reasonable person to form a specific conclusion that there is no reasonable factual basis for. (unsubstantiated and specific)

Question 7

Can an attorney advertise about their fees/rates?

Answer 7

Yes, they can advertise about how fees are calculated and what their fees are for specific services. They do not have to state a specific dollar amount.

Question 8

When may a lawyer solicit clients?

Answer 8

1. when the lawyer is not seeking pecuniary gain; or when the solicitation is to
2. a lawyer
3. a family member/close personal relation of the lawyer or firm
4. a person who has a prior business/professional relationship with the lawyer/firm
5. a person who routinely uses the type of legal services offered by the lawyer for business purposes

Question 9

Substantial gifts

Answer 9

Lawyers can only request or prepare an instrument that gives them a substantial gift when from/for a family member.