Week 8-9 Lecture Flashcards
(1) occurred in (2) and changed decades’ woth of rules prohibiting lawyer advertising. The (3) regarded advertising, basically, as heresy, while the (4) ruled that regulation violated the (5) and (6) Amendments.
- Bates v. State Bar of Arizona 2. 1977 3. Bar 4. Supreme Court 5. First 6. Fourteenth
6 justifications given for restrictions on lawyer advertising
- adverse effect on the profession 2. inherently misleading nature of attorney advertising 3. adverse effect on the administration of justice (increased number of lawsuits) 4. undesirable economic effects of advertising 5. adverse effect of advertising on the quality of service 6. difficulties of enforcement
2 reasons SC held that advertising was allowed
- does not harm legal profession/admin of justice 2. supplies consumers with valuable info
Model Rule 7.1 prevents lawyers from making (1) or (2) communications about themselves or their services–specifically about (3) of fact or law, or (4) of fact.. Some states prohibit (5).
- false 2. misleading 3. material misrepresentations 4. omissions 5. testimonials
8 types of legal marketin
- firm brochures 2. newsletters 3. rainmakers 4. client surveys 5. advertising (most common = phone book) 6. web sites 7. chat groups/threaded discussions 8. blogs
(1) are ok, as long as advertising rules are followed and (2) of license are clearly stated. In most jurisdictions, Internet advertising, including (3), is considered advertising, not (4).
- Websites 2. jurisdictions 3. direct email advertising 4. solicitation
Services that match up lawyers with clients may be classified as (1), which must have relevant approvals, or as (2), which are permitted. Jurisdictions are split on whether (3) and (4) are the same as in-person solicitation. (5) on the Internet are generally permitted.
- referral services 2. advertisements 3. blogs 4. chat groups 5. lawyer directories
(1) is held up to the same rules as other media advertising and prohibits soliciting. (2), (3), and (4) have not been ruled on by the State Bar. The (5) is a review of the ABA Model Rules and includes regulation related to technology.
- Social media 2. Social media (including looking up potential jurors) 3. cloud computing 4. virtual law firms (all communication is electronic) 5. ABA Commission on Ethics 20/20
(1) are important in protecting lawyers from ethical pitfalls in web-based communications.
- Disclaimers
(1), (2), (3) are all nicknames given to agents of lawyers who prey on accident victims by soliciting them directly. These victims can only be contacted (4) after an accident.
- runners 2. cappers 3. ambulance chasers 4. 30 days
4 types of fees
- fixed (set amount)(usually for routine matters where time is known) 2. contingency (outcome of case, percentage of recovery) 3. hourly (based on time expended)(most common) 4. statutory/court-awarded
4 examples of when fixed fees might be used
- default divorce 2. forming a corporation 3. simply BK 4. simple will (sometimes complications come up–this should ne in the fee agreement)
Contingency fees are most common in (1) such as personal injury. An advantage is it (2); however, it is believed by some to (3). It must be (4) and can be (5).
- plaintiff cases 2. provides access to legal services to those who otherwise could not afford it 3. create litigation 4. written/signed 5. on a sliding scale (settlement, trial appeal)
2 types of cases where contingency fees are not permitted
- criminal 2. marital dissolution/divorce/separation (though arrearages of child/spousal support may be collected on)
3 things hourly fees may be based on
- expertise of person billing (+certification, experience) 2. nature and complexity of service (sometimes depends on the part of litigation) 3. market
