Advertising And Solicitation Flashcards
(13 cards)
True or False: Lawyers may not advertise
False. While this used to be the rule, the court has recognized a first amendment right to lawyer advertising
What is the difference between advertisement and solicitation?
Advertisement is intended for a general, broad audience. Solicitation is targeted at a specific individual
What is the standard for judging a regulation of attorney commercial speech?
Reasonable regulation. May regulate if false, deceptive, or misleading and proper time, place, and manner restrictions.
Can a truthful statement be misleading? If yes, when?
Yes, when a substantial likelihood exists that a reasonable person will formulate specific conclusions for which there is no reasonable factual foundations OR is presented in way that reasonable person would believe attorney communication requires person to take further action when they do not have to
When is a statement false/misleading?
Contains a material misrepresentation of fact or law, or omits facts necessary to make statement as a whole not materially misleading
When are truthful reports of achievements misleading?
Create unjustified expectation can achieve same result. Can help with disclaimer
What are pitfalls to avoid?
Comparison to other firms
Promise future results
Unverifiable self-promo
Nicknames
Name of client
Social media posts
When is a referral agreement permitted?
Not exclusive, client is informed of nature and existence, not for an indefinite term, periodically reviewed
Specialist
Cannot state unless certified by organization approved by appropriate authority and the name of the organization is clearly identified
True or False: black out periods on solicitation are permissible
True
In person solicitation where a significant motive is pecuniary gain is prohibited unless
Contact with lawyer, person who has some relationship, person who routinely uses for business the type of legal services offered
Why are blanket prohibitions on in person solicitation allowed?
Lawyers have other, less intrusive means, such as mail and email, to reach clients that don’t subject them to the pressure of a face to face meeting
What categories are normally protected from in person solicitation?
The especially vulnerable: elderly, English not first language, disabled
