Legal Ethics: Advertising & Solicitation Seminar 6 Video Reviews History of Advertising Ads vs. Solicitations Communications Direct Mail Runners & Cappers
Jan 18, 2016
Legal Ethics: Advertising & Solicitation
Seminar 6 Video Reviews History of Advertising Ads vs. Solicitations Communications Direct Mail Runners & Cappers
Video Reviews
http://www.youtube.com/watch?v=xGvYWauwLAYJackie Chiles
http://www.youtube.com/watch?v=2tY3tSixSlY&feature=related
http://www.youtube.com/watch?v=ZG6PjrdvX8s&feature=relatedTurn pain to rain
Video Reviews
http://www.youtube.com/watch?v=8QjnoW4d_Io
http://www.youtube.com/watch?v=62xreSr25uI&feature=related
History of Advertising
Before the 1970’s, lawyers were not allowed to advertise to the general public
Telephone directory ads could only show contact information
Advertising was considered “unprofessional”
Advertising vs. Solicitations
Advertising happens from a distance Solicitation is typically face to face Solicitation communications must be
labeled “advertisement”
Notable Cases Bates v. Arizona
U.S. Supreme Court ruled that the 1st Amendment protects lawyers’ right to advertise
Because it is “commercial speech” it can be regulated by the states
Zauderer v. Disciplinary CounselU.S. Supreme Court ruled that this graphic ad
assisted the public in recognizing a potentially dangerous medical problem
Regulations: Jurisdictionally Driven Each State Regulates Solicitations and
Advertising Iowa: Rule 7.2 Iowa:
http://www.iowacourtsonline.org/wfdata/frame2397-1066/File1.pdf
Communications are Highly Regulated
No false statements No unjustified expectations No misleading comparisons Must be clearly labeled “advertisement” Do not imply special privileges with
government Do not imply a person or company is dishonest
Communications are Highly Regulated cont.
Some states do not allow endorsements Keep copies of ads Each ad must name at least one lawyer Must say it is an advertisement Do not use “certified” or other designation
unless it is true
Firm Names
Iowa Rule 7.5 States differ on the use of “trade names” Cannot imply affiliation with government
Advertising in the 21st Century
Blogs are a form of advertising Websites are a form of advertising Chat rooms may involve advertising Message boards can be used for
advertising Disclaimers may not help
Advertising: Lawyers and Paralegals
Lawyers advertising rules and paralegal advertising rules are different
As a general rule, paralegals can only advertise to lawyers, not to the public
If you see ads by paralegals in the phone directory, they are committing UPL!
Must be truthful
Direct Mail Advertising
Typically form letters Mailing lists are available through the
judicial system Often used in foreclosures, mass disasters
Rule Against Solicitations
Do not by in-person, live telephone or real-time electronic contact solicit professional employment from a prospective client.
No “Ambulance Chasing”Hanging out at HospitalsHanging out at PrisonsOutside of Courtrooms
Solicitation Exceptions
Differ from state to state Most states allow solicitation of family members
and former clients Some states allow solicitation of lawyers Prepaid legal service plans are also excepted
Runners & Cappers
Runners: person whose business it is to solicit patronage or trade
Capper: lure, decoy, or steerer Paying others to find clients is illegal Paying a reward to police, doctors, court personnel,
etc. to refer clients is illegal Planting plaintiffs or “creating” litigation is illegal Finder fees are illegal, except in California.
Only charge for work done.
Examples
Going door to door looking for clients is solicitation
Walking around a hospital giving out your business card is solicitation
Offering the services of your law firm is solicitation (unless you are asked)