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Advertising/Solicitation by Mind Map: Advertising/Solicitation

1. Rule 7.1 Communications Concerning Lawyer Service

1.1. Rule

1.1.1. A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading 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.

1.2. Some Comments to the Rule

1.2.1. [1] This Rule governs all communications about a lawyer's services, including advertising permitted by Rule 7.2. Whatever means are used to make known a lawyer's services, statements about them must be truthful.

1.2.2. [2] Truthful statements that are misleading are also prohibited. A truthful statement is misleading if it omits a fact necessary to make the lawyer's communication considered as a whole not materially misleading. A truthful statement is also misleading if there is a substantial likelihood that it will lead a reasonable person to formulate a specific conclusion about the lawyer or the lawyer's services for which there is no reasonable factual foundation.

1.2.3. [3] An advertisement that truthfully reports a lawyer's achievements on behalf of clients or former clients may be misleading if presented so as to lead a reasonable person to form an unjustified expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case. Similarly, an unsubstantiated comparison of the lawyer's services or fees with the services or fees of other lawyers may be misleading if presented with such specificity as would lead a reasonable person to conclude that the comparison can be substantiated. The inclusion of an appropriate disclaimer or qualifying language may preclude a finding that a statement is likely to create unjustified expectations or otherwise mislead the public.

1.2.4. [4] See also Rule 8.4(e) for the prohibition against stating or implying an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law.

1.3. Class Notes

1.3.1. Designed to prohibit false and Misleading communications about a lawyer and a lawyer's services.

1.3.2. Test for False or Misleading: Any Material misrep of fact or law or omission of a fact necessary to prevent the statement from being considered on a whole as materially misleading.

2. Rule 7.2 Advertising

2.1. Rule

2.1.1. (a) Subject to the requirements of Rules 7.1 and 7.3, a lawyer may advertise services through written, recorded or electronic communication, including public media.

2.1.2. (b) A lawyer shall not give anything of value to a person for recommending the lawyer's services except that a lawyer may (1) pay the reasonable costs of advertisements or communications permitted by this Rule; (2) pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service. A qualified lawyer referral service is a lawyer referral service that has been approved by an appropriate regulatory authority; (3) pay for a law practice in accordance with Rule 1.17; and (4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if: (i) the reciprocal referral agreement is not exclusive; and (ii) the client is informed of the existence and nature of the agreement.

2.1.3. (c) Any communication made pursuant to this Rule shall include the name and office address of at least one lawyer or law firm responsible for its content.

2.2. Some Comments to the Rule

2.2.1. Permits public dissemination of information concerning a lawyer's name or firm name, address, email address, website, and telephone number; the kinds of services the lawyer will undertake; the basis on which the lawyer's fees are determined, including prices for specific services and payment and credit arrangements; a lawyer's foreign language ability; names of references and, with their consent, names of clients regularly represented; and other information that might invite the attention of those seeking legal assistance.

2.2.2. Television, the Internet, and other forms of electronic communication are now among the most powerful media for getting information to the public, particularly persons of low and moderate income; prohibiting television, Internet, and other forms of electronic advertising, therefore, would impede the flow of information about legal services to many sectors of the public. Limiting the information that may be advertised has a similar effect and assumes that the bar can accurately forecast the kind of information that the public would regard as relevant. But see Rule 7.3(a) for the prohibition against a solicitation through a real-time electronic exchange initiated by the lawyer.

2.2.3. Neither this Rule nor Rule 7.3 prohibits communications authorized by law, such as notice to members of a class in class action litigation

2.3. Class Notes

2.3.1. Can advertise in any form of media

2.3.2. Cannot Pay someone unless Reasonable cost of advertising Participate in legal referral services Refer clients to other lawyers/ non-lawyer professionals if reciprocal referral agreement is not exclusive, and client is aware of the agreement.

2.3.3. All ads must include the name and address of at least one lawyer or law firm responsible for content

3. Rule 7.3 Solicitation of Clients

3.1. Rule

3.1.1. (a) A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain, unless the person contacted: (1) is a lawyer; or (2) has a family, close personal, or prior professional relationship with the lawyer.

3.1.2. (b) A lawyer shall not solicit professional employment by written, recorded or electronic communication or by in-person, telephone or real-time electronic contact even when not otherwise prohibited by paragraph (a), if: (1) the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; or (2) the solicitation involves coercion, duress or harassment.

3.1.3. (c) Every written, recorded or electronic communication from a lawyer soliciting professional employment from anyone known to be in need of legal services in a particular matter shall include the words "Advertising Material" on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person specified in paragraphs (a)(1) or (a)(2).

3.1.4. (d) Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses in-person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.

3.2. Some Comments to the Rule

3.3. Class Notes

3.3.1. Direct Solicitation involes 1. Sales Pitch 2. By Direct Contact 3. To an already Vulnerable Person 4. Pressure for an Immediate Response

3.3.2. Includes Direct person-to-person, Live telephone or Real time electronic solicitation when the primary motive is pecuniary gain (profit)

3.3.3. Exception: May engage in solicitation of the following, so long as the contact does not become coercive, cause duress or harassment. If asked to stop, must stop. Other Lawyers Family Members Close Personal Friends Former Clients

3.3.4. Every written, recorded or electronic solicitation must include the words advertising materials.

4. Rule 7.4 Communication of Fields of Practice and Specialization

4.1. Rule

4.1.1. (a) A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law.

4.1.2. (b) A lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation "Patent Attorney" or a substantially similar designation.

4.1.3. (c) A lawyer engaged in Admiralty practice may use the designation "Admiralty," "Proctor in Admiralty" or a substantially similar designation.

4.1.4. (d) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless: (1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and (2) the name of the certifying organization is clearly identified in the communication.

4.2. Some Comments to the Rule

4.3. Class Notes

5. Rule 7.5 Firm Names and Letterheads

5.1. Rule

5.1.1. (a) A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1. A trade name may be used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable legal services organization and is not otherwise in violation of Rule 7.1.

5.1.2. (b) A law firm with offices in more than one jurisdiction may use the same name or other professional designation in each jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located.

5.1.3. (c) The name of a lawyer holding a public office shall 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.

5.1.4. (d) Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact.

5.2. Some Comments to the Rule

5.3. Class Notes

6. Rule 7.6 Political Contributions to Obtain Gov. Legal Engagements or Appointments by Judges

6.1. Rule

6.1.1. A lawyer or law firm shall not accept a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment.

6.2. Some Comments to the Rule

6.3. Class Notes