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)