Responsibilities to the Prospective Client

Question 1

Firm Names in Advertising

Answer 1

• A lawyer must not use a firm name, letterhead, or other professional designation that is false or misleading.
  
  • For example, cannot include the name of a disbarred lawyer.
  • May not imply that they practice in a partnership if that is not the case.
  • A lawyer holding public office cannot be used in the name of the firm.

Question 2

False and Misleading Statements in Advertising

Answer 2

• A lawyer’s advertising generally must not involve misleading statements, including:
  
  • A material misrepresentation of fact or law;
  • Likely to create an unjustified expectation;
  • States that the lawyer can achieve results by means that violate the RPC;
  • Compares lawyer’s services with other lawyer’s services;
  • Fails to include the name of at least one lawyer responsible for its content.

Question 3

May a lawyer directly solicit a nonlawyer for professional employment?

Answer 3

No. Direct personal contact or live telephone contact is forbidden with a nonlawyer who has not sought the lawyer’s advice.

Question 4

What is the recordkeeping requirement for advertisements?

Answer 4

A copy or recording of an advertisement or communication must be kept for 2 years after its last dissemination along with a record of when and where it was used.

Question 5

Prohibition on Payments for Recommending Lawyer’s Services

Answer 5

• A lawyer must not compensate or give anything of value to a person or organization for recommending or securing the lawyer’s employment of a client, with some exceptions:
  
  • Reciprocal referral arrangements are okay so long as they are not exclusive and the client is informed.
  • A lawyer may use a lawyer referral service that comports with the RPC.
  • A lawyer may pay fees under a qualified legal services plan or insurer that promotes the lawyer’s services.
  • A lawyer is permitted to pay the reasonable costs of permitted advertising.

Question 6

Rules Regarding Court Appointments

Answer 6

• A lawyer must not seek to avoid appointment by a tribunal except for good cause, such as:
  
  • The representation is likely to result in a violation of the RPC
  • The client is so repugnant to the lawyer as to impair the client-lawyer relationship
  • The representation is likely to result in an unreasonable financial burden on the lawyer.

Question 7

Duties that Arise from Consultations with Prospective Clients

Answer 7

• A lawyer’s advice to a prospective client must be competent.
• The duty of confidentiality attaches to information gathered during consultations with a prospective client.