Transcript Seminar 6
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=xGvYW auwLAY Jackie Chiles http://www.youtube.com/watch?v=2tY3tSix SlY&feature=related http://www.youtube.com/watch?v=ZG6Pjrd vX8s&feature=related Turn pain to rain Video Reviews http://www.youtube.com/watch?v=8QjnoW 4d_Io http://www.youtube.com/watch?v=62xreSr 25uI&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 Counsel U.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/frame 2397-1066/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 Hospitals Hanging out at Prisons Outside 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)