3 MC Flashcards
(8 cards)
An attorney is dating a woman whose sister works as a nurse in a hospital emergency room. The attorney gives the nurse, his girlfriend’s sister, a stack of his business cards and law firm brochures and offers to pay her $200 for any clients who hire him because of her referrals, with the understanding that she will not refer patients to any other lawyers. The nurse recommends several patients per month to the attorney for representation in personal injury claims, and one or two per month hire the attorney to represent them. Is such an arrangement proper?
No, because a lawyer shall not give anything of value to a person for recommending the lawyer’s services, with certain exceptions not applicable here.
An attorney made an informal agreement with a physician that they would refer clients to each other when the situation seemed appropriate. They did not pay each other any money for referrals, but the relationship was explicitly reciprocal—the attorney referred patients who needed medical examinations to the physician, and when the physician had patients needing legal representation, he referred them to the attorney. The relationship was not explicitly exclusive—each was free to refer clients to others—but it happened that neither had similar reciprocal relationships with anyone else. They always informed their clients when making such referrals that they had a reciprocal relationship. Is such an arrangement proper?
Yes, a lawyer may agree to refer clients to another lawyer or a non-lawyer professional, in return for the undertaking of that person to refer clients or customers to the lawyer, as long as clients are aware, and the relationship is not exclusive.
An attorney is active within a new political movement and she has represented several members of the movement, who faced arrest or criminal charges for protesting and picketing. The attorney learns that police have arrested one of the prominent leaders of the movement for trespassing on private property during a protest, but that the movement leader is already out on bail. In response, the attorney calls the leader and offers to represent him in his case free of charge, explaining that she has experience representing other members of the movement in similar cases. The leader agrees to have the attorney represent him on a pro bono basis. The attorney wants to represent the leader because she admires him, but also because she believes it will generate terrific publicity for the firm’s practice. Was it proper for the attorney to make this telephone solicitation?
Yes, because the attorney did not charge for providing these legal services.
RULE 7.1: Communications Concerning Lawyer’s Services
L is subject to discipline for any type of communication about L or L’s
services that is false or misleading
A lawyer shall not make:
*false or misleading
*communication about
*the lawyer or the lawyer’s services
*A communication is false or misleading if it contains:
*material misrepresentation of fact or law,
OR
*omits a fact necessary to make the statement considered as a whole not
materially misleading
*Rule 7.1 applies to all kinds of communication, including:
*Advertisements
*Personal Communications (via letter, email, or telephone)
*Office Signs
*Professional Cards
*Professional Announcements
*Letterhead
*Brochures
TRUTHFUL BUT MISLEADING
*Truthful statements that are misleading are also prohibited by this Rule (Cmt. 2)
*Communication can be true but misleading if it omits a fact necessary to make
the communication as a whole not materially misleading
*A truthful statement is also misleading if there is a substantial likelihood that it
will lead a reasonable person to formulate a specific conclusion about the lawyer
or the lawyer’s services for which there is no reasonable factual foundation
NO UNJUSTIFIED EXPECTATIONS
*True communications about a lawyer’s achievements in past cases may be
misleading if it could lead a reasonable person to form an unjustified
expectation that the same results could be obtained in a similar case;
RULE 7.2: Communication Concerning a Lawyer’s Services: Specific Rules
a) L may communicate information regarding the lawyer’s services through
any media.
(b) L shall not compensate, give or promise anything of value to a person for
recommending the lawyer’s services
Except that a lawyer may:
(1) pay the reasonable costs of advertisements or communications;
(2) pay the usual charges of legal service plan, not-for-profit, or
qualified lawyer referral service
(3) pay for a law practice in accordance with Rule 1.17;
(4) refer clients to another lawyer or nonlawyer professional
pursuant to agreement, if
(i) reciprocal referral agreement is not exclusive,
AND
(ii) client is informed of the existence and nature of the
agreement; and
(5) give nominal gifts as an expression of appreciation that are neither
intended nor reasonably expected to be a form of compensation for
recommending a lawyer’s services.
(c) A lawyer shall not state or imply that a lawyer is certified as a
specialist in a particular field of law, unless:
(1) the lawyer has been certified as a specialist by an organization
that has been approved by an appropriate authority of the state or
the District of Columbia or a U.S. Territory or that has been
accredited by the American Bar Association; and
(2) the name of the certifying organization is clearly identified in
the communication.
(d) Any communication made under this Rule must include the name
and contact information of at least one lawyer or law firm responsible
for its content.
PUBLIC DISSEMINATION OF INFORMATION
*Lawyers can publicly disseminate the following information:
*lawyer’s name or law firm’s name
*address, email address, website, and telephone number
*the kinds of services the lawyer will undertake
*the basis on which the lawyer’s fees are determined, including prices for
specific services and payment and credit arrangements
*a lawyer’s foreign language ability
*names of references and, with their consent (otherwise privileged info), names
of clients regularly represented
*and other information that might invite the attention of those seeking legal
assistance
PAYING OTHERS TO RECOMMEND A LAWYER
Ls are not permitted to pay others for recommending L’s services
*However, Ls may pay for advertising and communications permitted within this
rule
* Cost of print directory listing
* On-line directory listing
* Newspaper Ads
* Television and Radio airtime
* Domain-name registrations
* Sponsorship fees
* Banner Ads
* Group Advertising
*Ls may compensate employees, agents, or vendors who are hired to provide
marketing or client-development services
* (i.e. publicists, PR personnel, business-development staff, website designers)
REFERRAL SERVICES
*Lawyer may pay usual charges for a legal service plan or a not-for-profit or qualified
lawyer referral services (Cmt. 6)
* Legal service plan: a system that assists prospective clients to secure legal representation
* Qualified lawyer referral system: one that is approved by an appropriate regulatory
authority as affording adequate protections for prospective clients
* Lawyer accepting referrals from a legal service plan or lawyer referral plan must act
reasonably to assure that the activities of the plan or service are compatible with the
lawyer’s professional obligations (Cmt. 7)
*Lawyer may agree to refer clients to another lawyer or non-lawyer professional, in return
for the undertaking of that person to refer clients or customers to the lawyer (Cmt. 8)
* Lawyer who receives referrals from another must not pay anything solely for the referral
* Referral agreements cannot be exclusive and the client must be informed of the
arrangement
RULE 7.3: Solicitation of Clients
(a) A lawyer shall not solicit professional employment by live person-to-person contact
when a significant motive for the lawyer’s doing so is the lawyer’s or law firm pecuniary
gain, unless the contact is with a:
(1) lawyer;
OR
(2) person who has a family, close personal, or prior business or professional
relationship with the lawyer or law firm;
OR
(3) Person who routinely uses for business purposes the type of legal services
offered by the lawyer.
(c) A lawyer shall not solicit professional employment even when not otherwise prohibited
by paragraph (b), if:
(1) the target of the solicitation has made known to the lawyer a desire not to be solicited
by the lawyer; or
(2) the solicitation involves coercion, duress or harassment.
(d) This Rule does not prohibit communications authorized by law or ordered by a court or
other tribunal.
(e) Notwithstanding the prohibitions in this Rule, a lawyer may participate with a prepaid
or group legal service plan operated by an organization not owned or directed by the
lawyer that uses live person-to-person contact to enroll members or sell subscriptions for
the plan from persons who are not known to need legal services in a particular matter
covered by the plan.
NO SOLICITATION
*A lawyer communication is not solicitation if it is directed to the general public,
such as through a billboard, an internet banner advertisement, a website or
television commercial or if it is a response to a request for information or is
automatically generated in response to electronic searches. (Cmt. 1)
*Lawyer is not permitted to contact a prospective client through direct, in-
person communication
*However, a lawyer may directly contact former clients and family members, or
in situation where lawyer is motivated by considerations other than pecuniary
gain (Cmt. 5)
*Rule is not intended to prohibit a lawyer contacting representatives of
organizations or groups that may be interested in establishing a group or prepaid
legal plan for their members (Cmt. 7)
*This form of communication is not directed to a prospective client
TARGETED DIRECT MAILINGS
*Lawyers are not prohibited from sending truthful, non-deceptive letters to
persons known to face specific legal problems
RULE 7.6: Political Contributions to Obtain Legal Engagements or Appointments by Judge
RULE 7.6: POLITICAL
CONTRIBUTIONS
*A lawyer or law firm shall not accept
*a government legal engagement or
*an appointment by a judge
* if the lawyer or law firm
* makes a political contribution or
* solicits political contributions
* for the purpose of
* obtaining or
* being considered for
* that type of legal engagement or appointment
PARTICIPATING IN POLITICAL
CAMPAIGNS
*Lawyers have the right to participate fully in the political process,
including making and solicitation political contributions to candidates
(Cmt. 1)
*Lawyers may not make or solicit contributions in order to obtain an
engagement for legal work awarded by government agencies, or
obtain appointment by a judge (Cmt. 1)
*If a lawyer makes or solicits a political contribution under
circumstances that constitute bribery or another crime, Rule 8.4(b) is
implicated (Cmt. 6)
DEFINING POLITICAL CONTRIBUTIONS
*“Political contribution” denotes any gift, subscription, loan,
advance or deposit of anything of value made directly or
indirectly to a candidate, incumbent, political party or
campaign committee to influence or provide financial
support for election to or retention in judicial or other
government office (Cmt. 2)
*Does not include contributions in initiative and referendum
elections
*Does not include uncompensated services
