Finding Clients

Question 1

2 ways to find clients

Answer 1

Solicitation and advertising

Question 2

What is the general distinction between solicitation and advertising under Model Rules?

Answer 2

Solicitation is generally prohibited but advertising is okay if regulated

Question 3

Definition of solicitation? (R.7.3(a))

Answer 3

Communication initiated by or on behalf of a lawyer/firm directed to a specific person they reasonably know needs legal services

Note: in-person contact covers:

• live contact
• live phone
• other real time communications

Does NOT cover:

• text
• other written communication

Question 4

Exception to solicitation directed to specific person (R.7.3(b))

Answer 4

Unless it is to:

(1) a lawyer
(2) a person who has family, close personal or prior business relationship with a lawyer or firm OR
(3) a person who routinely uses for business purposes the type of legal services offered by a lawyer

Question 5

How can a lawyer advertise? (R.7.2)

Answer 5

A lawyer can communicate through any media and also applies to indirect contacts:

• broadcast
• website/blogs
• targeted mailngs
• brochures passed out

Question 6

General standard for ads (R.7.1)

Answer 6

A lawyer CANNOT make false/misleading communication about the lawyer or services

Question 7

What constitutes false or misleading communication under R.7.1?

Answer 7

If it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading

Question 8

Can a firm be named “Attorney & Partners” when only 1 attorney practices? R.7.1 Comment 1

Answer 8

No, a lawyer may not imply or hold themselves out as practicing together in one firm when they are not because that would be misleading