Professional Responsibility Flashcards
1
Q
An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not:
A
a) knowingly make a false statement of material fact;
b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority (but does not apply to disclosure of info protected by Rule 4-1.6);
c) commit an act that adversely reflects on the applicant’s fitness to practice law. An applicant who commits such an act before admission, but which is discovered after admission, shall be subject to discipline.
2
Q
A lawyer admitted to practice in Florida is subject to disciplinary authority in Florida even if:
A
engaged in practice elsewhere.
3
Q
A lawyer may be admitted to practice law in Florida on a regular basis, or may be authorized by court rule or order or by law to practice:
A
for a limited purpose or on a restricted basis.
4
Q
A lawyer who is not admitted to Florida shall not, except as authorized by other law, establish:
A
an office or other regular presence.
5
Q
A lawyer admitted and in good standing in another jurisdiction may provide legal services on a temporary basis in Florida if the services:
A
1) are undertaken in association with a lawyer who is admitted to practice in Florida and who actively participates in the matter;
2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer or a person the lawyer is assisting is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized; or
3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction and the services are not services for which the forum requires pro hac vice admission
6
Q
Law firm partners and management have a responsibility to insure that all attorneys:
A
conform to the Rules of Professional Conduct
7
Q
Supervising attorneys have a responsibility to insure that:
A
lawyers under their supervision conform to the Rules of Professional Conduct.
8
Q
A lawyer shall be responsible for another lawyer’s violation of the Rules of Professional Conduct if:
A
1) the lawyer orders the specific conduct or, with knowledge thereof, ratifies the conduct involved; or
2) the lawyer is a partner or has comparable managerial authority or has direct supervisory authority over the lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
9
Q
A subordinate lawyer does not violate the Rules of Professional Conduct if that lawyer acts in accordance with:
A
a supervisory lawyer’s reasonable resolution of an arguable question of professional duty.
10
Q
As to nonlawyers, the partners and other lawyers in a firm must:
A
make reasonable efforts to insure that the firm has in effect measures giving reasonable assurance that the nonlawyer’s conduct is compatible with the professional obligations of the lawyer
11
Q
Work done by paralegals or legal assistants shall:
A
be reviewed by the lawyer, and the lawyer shall be responsible for the work product of the paralegals or legal assistants.
12
Q
With few exceptions, nothing that lawyers and law firms do shall have any effect on the exercise of the client’s right to:
A
expect that they may choose counsel when legal services are required (i.e., non-competes among lawyers & law firms unenforceable)
13
Q
Absent a specific agreement otherwise, a lawyer who is leaving a law firm shall not unilaterally contact those clients of the law firm for purposes of notifying them about the anticipated departure or to solicit representation of the client unless the lawyer has:
A
approached an authorized representative of the law firm and attempted to negotiate a joint communication to the clients concerning the lawyer leaving the law firm and bona fide negotiations have been unsuccessful.
14
Q
When a law firm is being dissolved and no procedure contacting clients has been agreed upon, unilateral contact by members of the law firm shall:
A
give notice to clients that the firm is being dissolved and provide options to the clients to choose representation by any member of the dissolving law firm, or representation by other lawyers or law firms.
15
Q
Notice to a client regarding dissolution of the law firm or termination of a particular lawyer at the law firm shall provide:
A
Information concerning potential liability for fees for legal services previously rendered, costs expended, and how any deposits for fees or costs will be handled.
16
Q
If a client fails to advise the lawyers of the client’s intention in regard to who is to provide future legal services when a law firm is dissolving, the client shall be considered:
A
as remaining a client of the lawyer who primarily provided the prior legal services on behalf of the firm until the client advises otherwise.
17
Q
A lawyer or law firm may sell or purchase a law practice provided that the entire practice (or area of practice):
A
is sold to one or more lawyers or law firms authorized to practice law in Florida.
18
Q
During the sale of a law practice, if a representation involves pending litigation, there shall be:
A
no substitution of counsel or termination of representation unless authorized by the court.
19
Q
A purchaser of a law firm shall honor:
A
the fee agreements that were entered into between the seller and the seller’s clients.
20
Q
A lawyer ha a duty to provide competent representation to a client, which requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. Factors of the required level of legal knowledge include:
A
1) the complexity and specialized nature of the matter;
2) the attorney’s general experience;
3) the attorney’s training and experience in the field in question;
4) the preparation and study the lawyer is able to give the matter; and
5) the feasibility of referring the matter to, or associating or consulting with a lawyer of established competence in the field in question.
21
Q
To maintain competence, a lawyer should:
A
1) keep abreast of changes in the law and its practice;
2) engage in continuing study and education; and
3) comply with all CLE requirements to which the lawyer is subject
22
Q
When is a fee or cost clearly excessive?
A
When it exceeds a reasonable fee or cost for services provided to such a degree as to constitute clear overreaching or an unconscionable demand by the attorney.
23
Q
A fixed rate fee cannot be based on:
A
the outcome of the representation.
24
Q
Contingent fee arrangements shall be in a writing which states:
A
1) the method by which the fee is to be determined;
2) the percentage(s) the lawyer shall receive in the even of settlement, trial, or appeal; and
3) the litigation or other expenses that are to be deducted from the recovery and whether those expenses will be deducted before or after the contingent fee is calculated.
25
The Medical Liability Claimant's Compensation Amendment sets forth the amount a claimant shall receive in the event of a settlement or jury award, which is:
no less than 70% of the first $250k and 90% of all damages in excess of $250k. A document must be signed by the claimant and if there is an agreement for a larger fee, it must be acknowledged in the document and under oath.
26
In tort, personal injury, products liability, or wrongful death cases, a contract may be cancelled by:
written notification to the attorney at any time within 3 business days of the date the K was signed, and if cancelled the client shall not be obligated to pay any fees to the attorney for the work performed during that time.
if the attorney has advanced funds to others in representation of the client, the attorney is entitled to be reimbursed for such amounts as the attorney has reasonably advanced on behalf of the client.
27
A lawyer must hold in trust, separate from the lawyer's own property:
any funds and property of a client or 3d person that are in a lawyer's possession in connection with a representation.
28
For a dispute over ownership of trust funds between a lawyer and client, the lawyer or law firm may withdraw the portion owed to the lawyer or firm within a reasonable time after it becomes due, unless:
the right to the lawyer or law firm to receive it is disputed, in which case the portion in dispute must be kept separate by the lawyer until the dispute is resolved.
29
What are the minimum trust accounting records that must be maintained?
a) Separate bank or savings and loan association account or accounts in the name of the lawyer or law firm and clearly labeled and designated "trust account"
b) original or duplicate deposit slips and, in the case of currency or coin, an additional cash receipts book
c) original canceled checks
d) other documentary support for all disbursements and transfers from the trust account
e) separate cash receipts and disbursements journal (identification of the client or matter for which funds received, the date on which all trust funds were received, disbursed, or transferred, the check number for all disbursements, the reason for which all trust funds were received)
f) separate file or ledger with an individual card or page for each client or matter
g) all bank or savings and loan association statements for all trust accounts
30
The minimum trust accounting procedures that must be done monthly are:
1) reconciliations of all trust bank or savings and loan association accounts, disclosing the balance per bank, deposits in transit, outstanding checks, etc.
2) comparisons between the total of the reconciled balances of all trust accounts and the total of the trust ledger cards or pages
31
The minimum trust accounting procedure that must be done annually is:
the lawyer must prepare a detailed listing identifying the balance of the unexpended trust money held for each client or matter
32
How long must trust accounting reconciliations, comparisons and listings be retained?
At least six years
33
Who is a prospective client?
A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter. The lawyer shall not divulge or use the information gained from the consultation.
34
When can a lawyer not represent a client with interest materially adverse to those of a prospective client?
When the matter is substantially related or the same matter that the lawyer received information from the prospective client that could be used to disadvantage that person in the matter.
35
If a lawyer is disqualified from representing a client due to a conflict with a prospective client, the lawyer's in the firm with which the lawyer is associated:
may not knowingly undertake or continue representation in such a matter.
36
When a lawyer receives disqualifying information regarding a client and prospective client, representation is permissible if:
1) both the affected client and the prospective client have given informed consent, confirmed in writing; or
2) the lawyer who received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client and the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee and written notice is promptly given to the prospective client.
37
A lawyer shall not represent a client if that representation will:
adversely affect another client, if there is a substantial risk that representation of one or more clients will be materially limited by the lawyer's responsibility to another client, a 3d person, or by a personal interest of the lawyer.
38
A lawyer may represent a client if:
1) the lawyer reasonably believes that he will be able to provide competent and diligent representation to each affected client;
2) the representation is not prohibited by law;
3) the representation does not involve a position adverse to another client when the lawyer represents both clients in the same proceeding before a tribunal; and
4) each affected client gives informed consent, confirmed in writing or clearly stated on the record at a hearing.
39
When a lawyer represents multiple clients in a single matter, the lawyer shall explain to each of the clients of
the implication of common representation and the advantages and risks involved.
40
The general rule is that a lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to the client, UNLESS:
a) the transaction and terms are fair and reasonable to the client, fully disclosed and transmitted in writing to the client in a manner that can be reasonably understood by the client;
b) the lawyer advises the client in writing that he should seek advice of independent counsel and the client is given the opportunity to do so; and
c) the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer's role in the transaction, including whether the lawyer is representing the client in the transaction.
41
The rule on gifts from the client to lawyer:
The lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. Related persons include spouse, child, grandchild, parent, grandparent, or other relative with whom the lawyer or the client maintains a close, familial relationship
42
The rule on media or literary rights prior to the conclusion of representation of the client:
A lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.
43
A lawyer shall not accept compensation for representing a client from someone other than the client unless:
the client gives informed consent, the lawyer maintains his independence or professional judgment with no interference from the 3d party, and the information relating to the representation of the client is protected as required under client confidentiality.
44
A lawyer representing 2 or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless:
each client gives informed consent, in a writing signed by the client. The lawyer's disclosure shall include the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement.
45
Prospective agreements limiting client's malpractice claim:
shall not be made unless permitted by law and the client is independently represented in making the agreement. A lawyer shall not settle a claim for liability with an unrepresented client or former client without first advising that person in writing that the client should obtain independent counsel.
46
Can a lawyer acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for the client?
No.
47
When a lawyer represents an insured person, a Statement of Insured Client's rights shall be provided to the insured at the commencement of representation and:
the lawyer will sign the statement and keep a copy of the statement for six years after the representation is completed.
48
A lawyer who has formerly represented a client in a matter shall not represent another person in:
the same or substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent.
49
Conflicts of interest will be imputed among lawyers who are associated in a firm, meaning:
none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by the rules.
50
Declining or terminating representation of a client - the lawyer MUST withdraw/terminate if:
1) the representation will result in a violation of the Rules of Professional Conduct or law, the lawyer's ability to represent the client is physically or mentally impaired, or the lawyer is discharged.
2) If the client persists in maintaining a course of action that involves the lawyer's services that the lawyer reasonably believes is criminal or fraudulent and the client refuses to disclose the behavior
3) if the client has used the lawyer's services to perpetrate a crime or commit fraud and refuse to disclose and rectify the behavior
51
Declining or terminating representation of a client - the lawyer MAY withdraw/terminate if:
1) The withdrawal can be accomplished without materially adversely affecting the interests of the client;
2) The client insists on taking action that the lawyer finds repugnant, imprudent or with which the lawyer has a fundamental disagreement;
3) the client has failed to fulfill an obligation regarding the lawyer's servies and the client has been given a reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;
4) continued representation would be a financial burden on the lawyer;
5) the client has been unreasonably difficult; or
6) for other good cause
52
When a lawyer terminates representation, the lawyer shall:
take reasonable steps to protect the client's interest, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled, and refunding any advance payment of fee or expense that has not been earned or incurred.
53
A lawyer shall act with:
reasonable diligence and promptness in representing a client
54
For communications with a client, a lawyer shall:
promptly inform the client of any decision or circumstance that requires the client's informed consent; consult with the client regarding the accomplishment of objectives; inform the client about the status of the matter; and consult with the client regarding any limitation the lawyer may have regarding the representation with respect to the Rules.
55
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless:
there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification, or reversal of existing law
56
A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless defend the proceeding as to require that:
every element of the case be established.
57
A lawyer shall not knowingly [with regard of candor toward the tribunal]:
1) make a false statement of material fact or law to a tribunal;
2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client
3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
4) permit any witness, including a criminal defendant, to commit perjury.
58
A lawyer shall not comment publicly on a case if the lawyer knows:
that the comment will have a substantial likelihood of materially prejudicing the proceedings.
59
A lawyer shall not reveal information relating to representation of a client unless:
the client gives informed consent
60
A lawyer shall reveal such information to the extent the lawyer reasonably believes necessary to prevent:
a client from from committing a crime or to prevent a death or substantial bodily harm to another
61
A lawyer shall not knowingly make a false statement of:
material fact or law to a third person or fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client unless disclosure is prohibited by client confidentiality.
62
A lawyer shall not communicate about the subject of the representation with:
a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer.
63
A lawyer shall not state or imply to an unrepresented person that the lawyer is uninterested in a matter while:
actually representing a client.
64
When rendering advice to a client, the lawyer may refer not only to law but to:
other considerations such as moral, economic, social, and political factors that may be relevant to the client's situation.
65
A lawyer shall not participate in offering or making any type of agreement that:
restricts the rights of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement.
66
A lawyer or law firm shall not share legal fees with:
a nonlawyer
67
Bonuses may be paid to:
nonlawyer employees for work performed. Bonuses shall not be based on cases or clients brought to the lawyer or law firm by the actions of the nonlawyer.
68
A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer shall:
inform the appropriate professional authority
69
The rules concerning advertising apply to:
(1) lawyers, whether or not admitted to practice in Florida or other jurisdictions, who adve1iise that the lawyer provides legal services in Florida or who target adve1iisements for legal employment at Florida residents AND
(2) all forms of communication in any print or electronic form.
70
All advertisements for legal employment must include:
(1) the name of at least 1 lawyer,
(2) the name of the law firm, or
(3) the name of the lawyer referral service or lawyer directory if relevant.
71
A lawyer may not engage in deceptive or inherently misleading advertising.
An advertisement is deceptive or inherently misleading if it:
(1) contains a material statement that is factually or legally inaccurate;
(2) omits information that is necessary to prevent the information supplied from being misleading; or
(3) implies the existence of a material nonexistent fact.
72
Examples of deceptive or inherently misleading advertisements include:
1) statements or information that can reasonably be interpreted by a prospective client as a prediction or guaranty of success or specific results;
(2) references to past results unless: such information is objectively verifiable;
(3) comparisons of lawyers or statements, words or phrases that characterize a lawyer's or law firm's skills, experience, reputation or record, unless: such characterization is objectively verifiable;
(4) a voice, image, or dramatization that creates the erroneous impression that the person speaking, shown, or dramatized is the advertising lawyer or a lawyer or employee of the advertising firm
- -> A prominently displayed notice ("Not an employee or member of law firm" or “Actor: Not an actual lawyer”) may resolve the erroneous impression;
(5) a statement or implication that The Florida Bar has approved an advertisement or a lawyer, except a statement that the lawyer is licensed to practice in Florida.
73
Examples of testimonials that are deceptive or inherently misleading:
(a) regarding matters on which the person making the testimonial is unqualified to evaluate;
(b) that is not the actual experience of the person making the testimonial;
(c) that is not representative of what clients of that lawyer or law firm generally experience;
(d) that has been written or drafted by the lawyer;
(e) in exchange for which the person making the testimonial has been given something of value; or
(f) that does not include: the disclaimer that the prospective client may not obtain the same or similar results.
74
A lawyer may not engage in potentially misleading advertising; however, a lawyer may use an advertisement that would otherwise be potentially misleading if:
the advertisement contains information or statements that adequately clarify the potentially misleading issue.
75
Some examples of potentially misleading advertising:
(1) advertisements that are subject to varying reasonable interpretations, 1 or more of which would be:
materially misleading when considered in the relevant context;
(2) advertisements that are literally accurate, but could:
reasonably mislead a prospective client regarding a material fact;
(3) references to a lawyer's membership in, or recognition by, an entity that purports to base such membership or recognition on a lawyer's ability or skill, unless:
(a) the entity in question is generally recognized within the legal profession as being a bona fide organization that makes its selections based upon:
objective and uniformly applied criteria,
AND
(b) the entity in question includes among its members or among those it has recognized a reasonable cross-section of the legal community the entity purports to cover;
(4) information about the lawyer's fee, including those that indicate no fee will be charged in the absence of a recovery, unless the advertisement discloses all fees and expenses for which the client might be liable and any other material information relating to the fee.
76
A lawyer may not engage in unduly manipulative or intrusive advertisements. An advertisement is unduly manipulative if it:
(a) uses an image, sound, video or dramatization in a manner that is designed to solicit legal employment by appealing to a prospective client's emotions rather than to a rational evaluation of a lawyer's suitability to represent the prospective client;
(b) uses an authority figure such as a judge or law enforcement officer, or an actor portraying an authority figure, to endorse or recommend the lawyer or act as a spokesperson for the lawyer;
(c) contains the voice or image of a celebrity, except that a lawyer may use the voice or image of a local announcer, disc jockey or radio personality who regularly records advertisements so long as the person recording the announcement does not endorse or offer a testimonial on behalf of the advertising lawyer or law firm; or
(d) offers consumers an economic incentive to employ the lawyer or review the lawyer's advertising; provided that this rule does not prohibit a lawyer from offering a discounted fee or special fee or cost structure as otherwise permitted by these rules and does not prohibit the lawyer from offering free legal advice or information that might indirectly benefit a consumer economically.
77
Some content is presumptively valid. A lawyer or law firm may include the following information in advertisements and unsolicited written communications:
A lawyer or law firm may include the following information in advertisements and unsolicited written communications:
(1) the name of the lawyer or law firm subject to the requirements of this rule and rule 4-7.21, a listing of lawyers associated with the firm office locations and parking arrangements, disability accommodations,
telephone numbers, website addresses, and electronic mail addresses, office and telephone service hours, and a designation such as "attorney" or "law firm";
(2) date of admission to The Florida Bar and any other bars, current membership or positions held in The Florida Bar or its sections or committees or those of other state bars, former membership or positions held in The Florida Bar or its sections or committees with dates of membership or those of other state bars, former positions of employment held in the legal profession with dates the positions were held, years of experience practicing law, number of lawyers in the advertising law firm, and a listing of federal courts and jurisdictions other than Florida where the lawyer is licensed to practice;
(3) technical and professional licenses granted by the state or other recognized licensing authorities and educational degrees received, including dates and institutions;
(4) military service, including branch and dates of service;
(5) foreign language ability;
(6) fields of law in which the lawyer practices, including official certification logos, subject to the requirements of subdivision (a)( 4) of rule 4-7.14 regarding use of terms such as ce1tified, specialist, and expert;
(7) prepaid or group legal service plans in which the lawyer participates;
(8) acceptance of credit cards;
(9) fee for initial consultation and fee schedule, subject to the requirements of subdivisions (a)(5) of rule 4-7.14 regarding cost disclosures and honoring advertised fees;
(10) common salutary language such as "best wishes," "good luck," "happy holidays," "pleased to announce," or ''proudly serving your community";
(11) punctuation marks and common typographical marks;
(12) an illustration of the scales of justice not deceptively similar to official certification logos or The Florida Bar logo, a gavel, traditional renditions of Lady Justice, the Statue of Liberty, the American flag, the American eagle, the State of Florida flag, an unadorned set of law books, the inside or outside of a courthouse, column(s), diploma(s), or a photograph of the lawyer or lawyers who are members of, or employed by, the firm against a plain background such as a plain unadorned office or a plain unadorned set of law books.
78
A lawyer referral service may advertise:
(1) its name, location, telephone number,
(2) the referral fee charged,
(3) its hours of operation;
(4) the process by which referrals are made,
(5) the areas of law in which referrals are offered,
(6) the geographic area in which the lawyers practice to whom those responding to the advertisement will be referred; and
(7) for referral services approved under chapter 8 of the Rules, the logo of its sponsoring bar association and its nonprofit status.
79
Payment by other lawyers:
In general, a lawyer may not directly or indirectly, pay all or a part of the cost of an advertisement by:
a lawyer not in the same firm.
80
Payment for referrals:
A lawyer may not give anything of value to a person for recommending the lawyer's services, except that a lawyer may pay the reasonable cost of advertising permitted by these rules, may pay the usual charges of a lawyer referral service, lawyer directory or other legal service organization, and may purchase a law practice in accordance with rule 4-1.17.
81
Payment by non-lawyers:
A lawyer may not permit a nonlawyer to pay all or a part of the cost of an advertisement by that lawyer.
82
The term "solicit" includes:
(1) contact in person, by telephone, telegraph, or facsimile, or by other communication directed to a specific recipient
(2) any written form of communication, including any electronic mail communication, directed to:
a specific recipient and not meeting the requirements of subdivision (b) of this rule and rules 4-7.11 through 4-7.17 of these rules.
83
In general, a lawyer may not solicit, or permit employees or agents of the lawyer to solicit on the lawyer's behalf, professional employment from a prospective client when:
when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain.
EXCEPTION: The general bar against solicitation does not apply when the person solicited is someone with whom the lawyer has a family or prior professional relationship
84
Regarding written communications, a lawyer may not send, or knowingly permit to be sent, on the lawyer's behalf or on behalf of the lawyer's firm or partner, an associate, or any other lawyer affiliated with the lawyer or the lawyer's firm, a written communication directly or indirectly to a prospective client for the purpose of obtaining professional employment if:
(1) the written communication concerns an action for personal injury or wrongful death or otherwise relates to an accident or disaster involving the person to whom the communication is addressed or a relative of that person, unless:
the accident or disaster occurred more than 30 days prior to the mailing of the communication;
(2) the written communication concerns a specific matter and the lawyer knows or reasonably should know that the person to whom the communication is directed is represented by a lawyer in the matter;
(3) it has been made known to the lawyer that:
the person does not want to receive such communications from the lawyer;
(4) the communication involves coercion, duress, fraud, overreaching, harassment, intimidation, or undue influence;
(5) the communication violates these rules;
(6) the lawyer knows or reasonably should know that the physical, emotional, or mental state of the person makes it unlikely that the person:
would exercise reasonable judgment in employing a lawyer;
or
(7) the communication concerns a request for an injunction for protection against any form of physical violence and is addressed to the respondent in the injunction petition, if the lawyer knows or reasonably should know that the respondent named in the injunction petition has not yet been served with notice of process in the matter.
85
If a written communication to a prospective client for the purposes of obtaining professional employment is otherwise permitted by the Rules, and if the written communication is not between lawyers, between a lawyer and current or former clients, or between a lawyer and a family member, then the communication must further satisfy the following additional requirements:
(1) Each page of such communication and the face of an envelope containing the communication must be
reasonably prominently, and visibly marked in ink as "advertisement";
(2) Every written communication must be accompanied by a written statement detailing:
the background, training and experience of the lawyer or law firm;
(3) If a contract for representation is mailed with the written communication, the top of each page of the contract must be marked "SAMPLE" in red ink in a type size one size larger than the largest type used in the contract and the words "DO NOT SIGN" must appear on the client signature line.
(4) Written communications must not be made to resemble legal pleadings or other legal documents.
.
(5) If a lawyer other than the lawyer whose name or signature appears on the communication will actually handle the case or matter, or if the case or matter will be referred to another lawyer or law firm, any written communication concerning a specific matter must include a statement so advising the client.
(6) A written communication seeking employment by a specific prospective client in a specific matter shall not reveal on the envelope, or on the outside of a self-mailing brochure or pamphlet, the nature of the client's legal problem.
(7) When a written communication is prompted by a specific occurrence involving or affecting the intended recipient of the communication or a family member thereof, then:
(a) the first sentence must read: "If you have already retained a lawyer for this matter, please disregard this letter" AND
(b) the communication must disclose how the lawyer obtained the information that prompted the communication and do so in detail sufficient enough to enable the recipient to understand:
the extent of the lawyer’s knowledge regarding recipient’s particular situation.
86
In general, any lawyer who advertises must:
file with The Florida Bar copy of each advertisement at least 20 days prior to the lawyer's first dissemination of the advertisement.
NOTE:
Advertisements in a public media containing only content permitted under Rule 4-7.16 and certain public service announcements are exempt from this filing requirement.
87
A finding of compliance by The Florida Bar [for the advertisement] will be binding on The Florida Bar in a grievance proceeding UNLESS:
the advertisement contains a misrepresentation that is not apparent from the face of the advertisement.
88
If The Florida Bar determines that an advertisement is not in compliance with the applicable rules, The Florida Bar will advise the lawyer that:
dissemination or continued dissemination of the advertisement may result in professional discipline.
89
If The Florida Bar does not send any communication to the filer within 15 days of filing, the lawyer will not be subject to discipline unless:
the lawyer is subsequently notified of noncompliance and disseminates the advertisement after that notification.
90
A lawyer shall not use a firm name, letterhead, or other professional designation that is:
false, misleading, deceptive, or unduly manipulative or intrusive.
91
A law firm with offices in more than one jurisdiction may use the same name in each jurisdiction, but identification of the lawyers in an office of the firm must indicate:
the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located.
92
The name of a lawyer holding a public office may not be used in the name of a law firm, or in communications on its behalf, during:
any substantial period in which the lawyer is not actively and regularly practicing with the firm.
93
A lawyer in private practice may use the term “legal clinic” or “legal services” in conjunction with the lawyer’s own name if the lawyer’s practice is devoted to providing:
routine legal services for fees that are lower than the prevailing rate in the conu1mnity for those services.
94
A lawyer may not accept referrals from a lawyer referral service, and it is a violation of these Rules to do so, UNLESS, among other things, the service:
(1) engages in no communication with the public and in no direct contact with prospective clients in a manner that would violate the Rules of Professional Conduct if the communication or contact were made by the lawyer;
(2) receives no fee or charge that constitutes a division or sharing of fees, unless the service is a not-for-profit service approved by the Florida Bar pursuant to chapter 8 of these rules;
(3) refers clients only to persons lawfully permitted to practice law in Florida when the services to be rendered constitute the practice of law in Florida;
(4) carries or requires each lawyer participating in the service to carry professional liability insurance in an amount not less than $100,000 per claim or occurrence;
(5) furnishes The Florida Bar, on a quarterly basis, with names of all:
(a) members of the Florida bar who participate in the service AND
(b) persons authorized to act on behalf of the service;
(6) responds in writing, within 15 days, to any official inquiry by bar counsel when bar counsel is seeking information described in this subdivision or conducting an investigation into the conduct of the service or a lawyer who accepts referrals from the service;
(7) neither represents nor implies to the public that the service is endorsed or approved by The Florida Bar, unless the service is subject to chapter 8 of these rules;
(8) uses its actual legal name or a registered fictitious name in all communications with the public; AND
(9) affirmatively states in all advertisements that:
(a) it is a lawyer referral service AND
(b) lawyers who accept referrals from it pay to participate in the lawyer referral service.
95
A lawyer who accepts referrals from a lawyer referral service is responsible for ensuring that:
any advertisements or written communications used by the service comply with the requirements of the Rules.
96
A lawyer may not advertise in a directory UNLESS, among other things, the directory:
(1) engages in no communication with the public and in no direct contact with prospective clients in a manner that would violate the Rules if the communication or contact were made by the lawyer;
(2) receives no fee or charge that constitutes a division or sharing of fees;
(3) lists only persons lawfully permitted to practice law in Florida when the services to be rendered constitute the practice of law in Florida.
(4) responds in writing, within 15 days, to any official inquiry by bar counsel when bar counsel is seeking information described in this subdivision or conducting an investigation into the conduct of the directory or a lawyer who pays to be listed in the directory;
(5) neither represents nor implies to the public that the directory is endorsed or approved by The Florida Bar;
(6) uses its actual legal name or a registered fictitious name in all communications with the public; and
(7) affirmatively states in all advertisements that it is a legal directory or lawyer directory.
97
A lawyer who advertises in a directory is responsible for ensuring that:
(1) any advertisements or written communications used by the directory comply with the requirements of the Rules, AND
(2) the directory is otherwise in compliance with the Rules.
