Term
| Regulation of Content of Advertising (7.1) |
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Definition
| No false or misleading communication about lawyer or services |
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Term
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Definition
| lawyer’s communication with public at large regarding lawyer himself or his services. |
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Term
| Ad is false or misleading when |
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Definition
i. Contains material misrepresentation of fact or law
ii. Omits fact necessary to make statement considered as a whole not materially misleading |
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Term
| Regulation of ads that report actual results |
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Definition
Misleading if they lead reasonable person to form unjustified expectation that they could get same results.
Inclusion of disclaimer or qualifying language can preclude finding that ad might mislead prospective client. |
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Term
| Regulation of Method of Advertising (7.2) |
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Definition
1. May advertise using: written, recorded, electronic communication, including public media
2. Ads must state name and address of lawyer or law firm responsible for content |
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Term
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Definition
Recommendation by 3rd party who urges prospective client to retain particular lawyer.
Paying for referrals is not allowed, unless situation falls under an exception. |
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Term
| Exceptions to the no-paying for referrals Rule |
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Definition
a. purchasing entire practices
b. taking part in legal services plans
c. paying for advertisements or solicitations
d. paying for not-for-profit or qualified lawyer referral service (must be approved by an appropriate regulatory authority)
e. enter into non-exclusive referral agreements with lawyers or non-lawyers, if:
i. they are non-exclusive
ii. clients are informed of existence and nature of agreements |
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Term
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Definition
| Lawyer’s communication with individual prospective clients, or with specific groups of prospective clients |
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Term
| Solicitation: In-person, live telephone, or real-time electronic contact |
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Definition
No contact that solicits employment from prospective client when significant motive is pecuniary gain, unless person contacted is:
a. a lawyer
b. family member
c. close personal friend
d. another person with whom lawyer has prior professional relationship |
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Term
| Solicitation: Written communication, recorded verbal communication, and electronic communication |
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Definition
Are allowed even if lawyer is seeking pecuniary gain and has no prior relationship w/ prospective client
1. All such solicitations must include words “Advertising Material” unless family or friend or prior relationship |
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Term
| Solicitations that are Completely Banned: |
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Definition
1. Prospective client made known to lawyer desire not to be solicited
2. Solicitation involves coercion, duress, or harassment |
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Term
| Solicitation by Agents of a Lawyer |
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Definition
| Same restrictions as apply to Lawyer |
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Term
| Solicitation: Prepaid or group legal service plan |
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Definition
May use all types of solicitation to obtain memberships or subscriptions, so long as organization does not target people who are known to need legal services |
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Term
| Communication about fields of practice or specialization (7.4) - General Rule |
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Definition
| May communicate fact that lawyer does or does not practice in particular fields of law |
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Term
| Patent lawyers: communication about fields of practice or specialization |
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Definition
| may mention specialization if they pass patent bar |
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Term
| Certification as specialist (7.4) |
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Definition
| May not claim this unless lawyer has actually been certified and certifying organization has been approved by state bar or ABA |
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Term
| Firm Names and Letterhead |
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Definition
They cannot:
A. be false or misleading
B. Mention lawyers formerly with firm who are now in public office
C. Claim or imply partnership unless there really is one
D. Multi-state firms: If lawyers listed on letterhead, indicate where each lawyer is admitted to practice |
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Term
| Solicitation of Gov. Legal Engagements or Government Appointments |
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Definition
If lawyer has made political contributions to others for purpose of gaining engagement or appointment, then he may not accept appointment.
(Look at donor’s intent at time of contribution – hard to prove intent was wrongful.) |
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