Lawyer shall NOT represent anyone connected to matter where lawyer participated (NOT remote/incidental, effecting and “personally substantially” merits) as judge/law clerk/third-party neutral (unless informed consent confirmed in writing) [MR 1.12(a)] If former-judge/lawyer IS disqualified, other lawyer in firm may continue representation so long as disqualified lawyer is timely screened AND written notice is given [MR 1.12(c)] (judges hear so many cases that if screening were NOT available, judges-turned-lawyers would be limited in where they could work) ADVERTISING & SOLICITING direct in-person contact from attorney to prospective client re: Solicitation – availability for professional employment, w/ pecuniary gain as significant lawyer’s motive On-the-spot nature of solicitation creates greater pressure (unequal bargaining power, opportunity for undue influence)… thus, lawyers may NOT solicit employment, unless [MR 7.3(a)/CRPC … Family Prior professional relationship Close personal relationship (MR ONLY) Fellow lawyer (MR ONLY) Protected by CA Const. (CA ONLY) Otherwise, OK to meet people (i.e. seminars), become friends (i.e. social clubs), such that if they pursue legal problems, they may come to you for representation Lawyer shall NOT give anything of value in exchange for recommendations, except [MR 7.2(b)]… lawyer may make agreement w/ another Reciprocal referral agreements lawyer to refer clients to each other, so long as NOT exclusive, AND client is informed of such agreement [MR 7.2(b)(4)] Such agreements must NOT interfere w/ professional judgment re: lawyer’s making referrals, providing substantive legal services (NO forwarding BUT, in-firm referral bonus is OK) [MR 7.2 C.8] fee… “new business” Reciprocal referral agreements NOT permitted in CA [CRPC 2-200(B)]
Lawyer shall NOT represent anyone connected to matter where lawyer participated “personally and substantially” (NOT remote/incidental, effecting merits) as judge/law clerk/third-party neutral (unless informed consent confirmed in writing) [MR 1.12(a)] If former-judge/lawyer IS disqualified, other lawyer in firm may continue representation so long as disqualified lawyer is timely screened AND written notice is given [MR 1.12(c)] (judges hear so many cases that if screening were NOT available, judges-turned-lawyers would be limited in where they could work) ADVERTISING & SOLICITING Solicitation – direct in-person contact from attorney to prospective client re: lawyer’s availability for professional employment, w/ pecuniary gain as significant motive On-the-spot nature of solicitation creates greater pressure (unequal bargaining power, opportunity for undue influence)… … thus, lawyers may NOT solicit employment, unless [MR 7.3(a)/CRPC Family Prior professional relationship Close personal relationship (MR ONLY) Fellow lawyer (MR ONLY) Protected by CA Const. (CA ONLY) Otherwise, OK to meet people (i.e. seminars), become friends (i.e. social clubs), such that if they pursue legal problems, they may come to you for representation Lawyer shall NOT give anything of value in exchange for recommendations, except [MR 7.2(b)]… Reciprocal referral agreements lawyer may make agreement w/ another lawyer to refer clients to each other, so long as NOT exclusive, AND client is informed of such agreement [MR 7.2(b)(4)] Such agreements must NOT interfere w/ lawyer’s professional judgment re: making referrals, providing substantive legal services (NO forwarding fee… BUT, in-firm “new business” referral bonus is OK) [MR 7.2 C.8] Reciprocal referral agreements NOT permitted in CA [CRPC 2-200(B)]