ensure other non-attorneys refrain from making those statements Problem 10: D.A. Cannot stay quiet No CRPC analog has evidence to MR 3.8: Prosecutor has special B&P: if prosecutor tries to cover up show conviction responsibilities unjustified conviction, it is an act of was in error moral turpitude X. ADVERTISING AND SOLICITATION Previously, was thought to demean the profession Advertising general communication to a public or a portion of the public – Radio, TV, newspapers, billboards, websites, business cards Solicitation lawyer-initiated (targeted) personal contact with a layperson designed to entice the – layperson to hire the lawyer, where a significant motive is pecuniary gain Face-to-face, live telephone, real time electronic contact (MR) MR treats advertising and solicitation separately MR 7.1: General rule that governs all communication MR 7.2: Advertising MR 7.3: Solicitation MR 7.4: Specialization MR 7.5: Firm names and letterhead Solicitation is generally much more heavily regulated Laypeople are easily persuaded No record of what attorney said CRPC 1-400 and standards broadly apply to any communication (advertising and solicitation together) Presumptive violation if you violate 1-400, then attorney has burden of proving ad is compliant B&P treats solicitation and advertising separately When codes differ, apply more stringent one False or misleading Can be commission or omission Something that is technically true can still be misleading have a warranty or guarantee results, no testimonial statement without disclaimer Can’t Problem 1: Different Social club okay, as long as you 1-400: No solicitation, unless you – ways to get new follow rules. MR 7.3: No have a prior professional or clients solicitation, unless you have a familial relationship. Can only close personal relationship solicit past or present client when laws change Calling other lawyers and offering to take business off their hands 1-400: Limits communications to – fine, common way to build former, present, or prospective practice. MR: expressly excludes clients mention lawyer) (doesn’t lawyers from solicitation rules Giving a seminar generally – acceptable, as long as: 1. Competent (lawyer cannot give competent legal advice on a specific question without knowing all the relevant facts)
ensure other non-attorneys refrain from making those statements Problem 10: D.A. has evidence to show conviction was in error Cannot stay quiet MR 3.8: Prosecutor has special responsibilities No CRPC analog B&P: if prosecutor tries to cover up unjustified conviction, it is an act of moral turpitude X. ADVERTISING AND SOLICITATION Previously, was thought to demean the profession Advertising – general communication to a public or a portion of the public Radio, TV, newspapers, billboards, websites, business cards Solicitation – lawyer-initiated (targeted) personal contact with a layperson designed to entice the layperson to hire the lawyer, where a significant motive is pecuniary gain Face-to-face, live telephone, real time electronic contact (MR) MR treats advertising and solicitation separately MR 7.1: General rule that governs all communication MR 7.2: Advertising MR 7.3: Solicitation MR 7.4: Specialization MR 7.5: Firm names and letterhead Solicitation is generally much more heavily regulated Laypeople are easily persuaded No record of what attorney said CRPC 1-400 and standards broadly apply to any communication (advertising and solicitation together) Presumptive violation if you violate 1-400, then attorney has burden of proving ad is compliant B&P treats solicitation and advertising separately When codes differ, apply more stringent one False or misleading Can be commission or omission Something that is technically true can still be misleading Can’t have a warranty or guarantee results, no testimonial statement without disclaimer Problem 1: Different ways to get new clients Social club – okay, as long as you follow rules. MR 7.3: No solicitation, unless you have a close personal relationship Calling other lawyers and offering to take business off their hands – fine, common way to build practice. MR: expressly excludes lawyers from solicitation rules Giving a seminar – generally acceptable, as long as: 1. Competent (lawyer cannot give competent legal advice on a specific question without knowing all the relevant facts) 1-400: No solicitation, unless you have a prior professional or familial relationship. Can only solicit past or present client when laws change 1-400: Limits communications to former, present, or prospective clients (doesn’t mention lawyer)