2. Advertising (statements must be truthful and not misleading) 3. Solicitation (cannot engage personally for purpose of obtaining fee-paying legal business) Attendee can approach lawyer after B&P: Same the presentation Can list name with local court for court-appointed cases good for – business, experience. But cannot contribute to campaign fund for local judge for specific purpose of CRPC 1-600: Approves of services garnering legal work if consistent with rules Can list name with lawyer referral service of local bar MR 7.2: okay – to pay charges for a qualified referral service Usually, lawyer remits part of initial fee to referral service, then Bates 1st amend. protests atty – lawyer negotiates own fee if client advertising that is truthful and not stays on misleading (intermediate scrutiny) Advertising services can place – Went for It 30 day restriction on – general ads, but they cannot be targeted mail after accident false or misleading Any media can be advertising, depending on content (blog) Can post schedule of fees and 1-400(D)(6): Presumes a violation certain specializations can say – if you set out a fee, and charge a specialist, if not misleading. greater fee within 90 days of Certified is only permissible if dissemination granted under particular Includes electronic medium circumstances (patent law, Website url could also be admiralty law) misleading Super Lawyer title can list, as – No ethics opinions on adding titles long as you make it clear who gave to advertisements you the title Problem 2: Reaching Can place newspaper ad inviting a group of clients interested people to contact atty, as who may have long as statements are truthful and contracted a disease not misleading Can send a direct, narrowly targeted mail (still more like an ad than face to face solicitation) Cannot have a team of telephone callers contacting people live – telephone conversation crosses the line into solicitation, more opportunities for abuse and overreach CRPC: does not allow recorded MR: allows solicited recorded solicitation messages messages
2. Advertising (statements must be truthful and not misleading) 3. Solicitation (cannot engage personally for purpose of obtaining fee-paying legal business) Attendee can approach lawyer after the presentation Can list name with local court for court-appointed cases – good for business, experience. But cannot contribute to campaign fund for local judge for specific purpose of garnering legal work Can list name with lawyer referral service of local bar – MR 7.2: okay to pay charges for a qualified referral service Usually, lawyer remits part of initial fee to referral service, then lawyer negotiates own fee if client stays on Advertising services – can place general ads, but they cannot be false or misleading Any media can be advertising, depending on content (blog) Can post schedule of fees and certain specializations – can say specialist, if not misleading. Certified is only permissible if granted under particular circumstances (patent law, admiralty law) Super Lawyer title – can list, as long as you make it clear who gave you the title B&P: Same CRPC 1-600: Approves of services if consistent with rules Bates – 1st amend. protests atty advertising that is truthful and not misleading (intermediate scrutiny) Went for It – 30 day restriction on targeted mail after accident 1-400(D)(6): Presumes a violation if you set out a fee, and charge a greater fee within 90 days of dissemination Includes electronic medium Website url could also be misleading No ethics opinions on adding titles to advertisements Problem 2: Reaching a group of clients who may have contracted a disease Can place newspaper ad inviting interested people to contact atty, as long as statements are truthful and not misleading Can send a direct, narrowly targeted mail (still more like an ad than face to face solicitation) Cannot have a team of telephone callers contacting people – live telephone conversation crosses the line into solicitation, more opportunities for abuse and overreach MR: allows solicited recorded messages CRPC: does not allow recorded solicitation messages
Ethical-Lawyering-Dudovitz-2014.docx