What Else about the Lawyer? Flashcards
When a lawyer advertises legal services, what is the ABA/CA rule?
Truthful advertising of legal services is generally permitted.
Scope: Lawyer may communciate information regarding legal services through any media, so long as they are not false or misleading (containing material misrepresentations of fact or law).
What forms of advertising are presumed violations?
- Communications to potential client in a time of physcial/mental stress,
- Ambulance chasing (PI cases; at scene of accident, hospital, healthcare center)
However, attorney may prove otherwise.
Under CA rules, what advertising is prohibtied?
Under CA rules testimonials (unless disclaimer), guarantees, predictions, implied affiliations are prohibited advertisements.
What limitations are there for advertising?
- Lawyer may not communciate he is a specialist (unless certified)
- Mailings seeking fee-paying work must be clearly labeled as advertisements
What is the rule regarding solicitations under ABA/CA rules?
Under ABA/CA solicitations are generally prohibited. Lawyer may not seek work for gain by “in person, live telephone, or real-time electronic contact UNLESS person contacted lawyer, or has a family/close personal or prior relationship with lawyer.
What types of solicitations are prohibited under ABA/CA rules?
Under ABA/CA soliciting employment from prosepect who “indicates a desire not to be solicted” is strictly prohibited.
Under CA rules, what strict limitation is there for runner/cappers?
Under CA rules, “Runner/Capper” cannot give anything of value to a person for recommending the lawyer or services, or reward a person for a recommendation made that resulted in employement, except for reasoanble media cost.
May a lawyer solicit business by other lawyer referrals?
Yes, a lawyer may arrange reciprocal referrals with another lawyer or nonlawyer professional if it is NOT EXCLUSIVE, and lawyer explains to client the agreement when making the referral.
What types of solicitations are permitted under ABA/CA rules?
- Targetted direct mail (unless lawyer knows the prosepctive client does not want communciations from lawyer.. also lawyer may send non-deceptive letters to persons known to face a specific legal problem; accident victims)
- Contact is a lawyer OR has prior relationship with lawyer (family, close personal, professional)
- Lawyer lacks pecuniary motive (pro/bono),
- client initiated the call
How may a lawyer sell their lawpractice under ABA/CA rules?
Under ABA rules, the entire law practice must be sold, lawyer must cease practicing law in geographic area.
Under CA rules, the lawyer must sell SUBSTANTIALLY all of practice.
What procedures must lawyer take in selling their lawpractice as it relates to clients?
Under ABA/CA rules, the lawyer must
1. notify clients; regarding sale and right to select different counsel.
2. state that confidentiality and COI rules still apply, and
3. fees do not increase because of sale
What is the unauthorized practice of law under ABA/CA rules?
Under ABA/CA rules a lawyer cannot engage or aid in the unatuhorized practice of law, “things calling for the professional judgemnt of a lawyer”.
Examples: negotiation, settlement, execution.
Non-Lawyers - can do clerical work, research, drafting, billing, etc.
Under CA rules, what exceptions are there to the unauthorized practice of law?
Under CA rules, the laweyr may hire and properly supervise a DISBARRED/SUSPENDED/RESIGNED or INVOLUNTARILIY INACTIVE member to do “non-attorney work”
What is the duty to report misconduct under ABArules?
Under ABA rules: If a lawyer KNOWS (suspicion or speculation is insufficient) of another lawyers violation of rules that rasises a “substantial question as to the honesty, trustworthiness, or fitness as a lawyer,” lawyer has a ONGOING DUTY to report to an authority.
What is the duty to report misconduct under CA rules?
If lawyer knows (credible evidence) of “another lawyers criminal act under CA law” or “conduct involving dishonesty, fraud, deceit, reckless/intentional misrepresentation or misappropriation of funds” that “raises a ubstantial question as to honesty, trustworthienss, or fitness as a lawyer, lawyer MUST report to state bar.
