Responsibilities to the Prospective Client

Question 1

Firm Name

Answer 1

• Firm name must be appropriate
  
  • tradnames are prohbiited unless including lawyer’s names
  • Clinic not allowed unles you provide free services
  • no ability to feint affiliation with state
  • Can include deceased or retired partner if they were members at some point
  • May need to remove name if suspended. Do need to if disbarred

Question 2

How advertise

Answer 2

• may do all forms of media including direct mail
  
  • No inperson solicitation
  • cannot be misleading–layperson would find it misleading

Question 3

Content of advertising

Answer 3

Avoid direct reference to your clout and connections. For example,
neither a lawyer nor the law firm may benefit personally from performing public service.

Question 4

Advertising Contingent Fees

Answer 4

Observe the special rules regarding advertising contingent fees. A “contingent” fee is one based on a percentage of what the lawyer collects. You must clearly state the terms and basis of the fee.

You must make it clear in any advertising that refers to contingent fees whether the client will be responsible for any costs.

You must also make it clear that contingent fees are not permitted in all types of cases.

Question 5

Keeping the advertisement

Answer 5

must keep ad for 2 years in georgia

Question 6

Soliciting Clieitns

Answer 6

cannot solicit by direct contact except:

• family members and close friends
• prior clients
• in person direct solicition if pro bono
• other lawyers (less likely to succumb to presure

Question 7

Targeted Mail

Answer 7

You may send direct mail to groups of
people likely to need legal services.

A plane crash requires attorneys to wait 45 days (this is a federal rule) while the Rules require
attorneys to wait 30 days after any disaster
must say advertisement
on every page of the letter inside.

Question 8

inperson unsolicited advice

Answer 8

Do not take employment unless that person approached you

Question 9

Referrals

Answer 9

cannot pay anything of value for a referral

Question 10

Runners

Answer 10

People who are paid to solicit or refer clients are called runners ; using runners is illegal. You cannot use others to do what you yourself cannot do under the Rules. This is called the rule of imputation

Question 11

Communication of fields of practice

Answer 11

• A lawyer cannot hold herself out as a specialist unless she is certified as a specialist by a bona fide entity (as recognized by the Georgia Bar Association) or she practices patent, trademark, or admirality law
• A lawyer may communicate that she does or does not practice in particular fields of law.

Question 12

Appointments

Answer 12

• A lawyer has discretion with regard to whether he will take a case. However, if the lawyer is appointed to represent a client then the lawyer, he has an affirmative duty to do so except for good cause such as:
  
  • rep likely to result in a violation of the rules of prof conduct
  • client insists on an objective that is repugnant or imprudent