Regulating Legal Profession

Question 1

Duty to supervise

Answer 1

1. Partners in firm have duty to put reasonable measures in place to ensure compliance w/ rules
2. Can be responsible for a junior lawyer’s violation when supervisor ratifies the conduct or fails to rectify when consequences can be mitigated
3. Partners must supervise non-lawyers (paralegals, secretaries, outside consultants) to ensure compliance with rules
   
   • Training & oversight proportional to need: untrained secretary vs. sophistacated acctg firm
4. Subordinate Lawyers are responsible for compliance with model rules: “just following orders” isn’t a defense
   
   • safe harbor: act in accordance with supervisor’s reasonable resolution of a questionable call

Question 2

Restrictions on Advertising

Answer 2

1. Cannot make false or misleading communication about the lawyer or services - material misrepresentation or
2. Must be accurate and give reasonable expectation of outcomes
3. Lawyer cannot give anything in return for recommending his services except for cost of advertising, qualified lawyer referral service fees

Question 3

Restrictions on Solicitation

Answer 3

1. No in-person, live telephone, or real-time electronic contact unless person is a lawyer or has a pre-existing familial, personal, or professional relationship.
2. Written, recorded, or other communication not permitted when target asks not to be solicited or involves coercion, duress, or harassment.

Question 4

Naming Firm

Answer 4

1. No misleading names: name if unaffiliated with firm, implication of partnership where none exists
2. A law firm with offices in more than one jurisdiction may use the same name or other professional designation in each jurisdiction
3. Names of public officials can’t be used on law firm when the lawyer isn’t actively and regularly practicing with firm

Question 5

Identifying Practice Areas & Specialization

Answer 5

1. Can communicate that practice areas are limited to particular fields of law
2. Can’t imply a connection with the government or other charitable legal services program
3. Can’t call self “specialist” unless approved by accredited organization, and designate organization in communications