Chapter Five Advertising and Solicitation In this chapter, you will learn about: The key cases affecting the ways that lawyer advertising is regulated The current status of legal advertising and marketing The ethics rules governing advertising How advertising rules apply to paralegals Ethics rules prohibiting direct solicitation of clients Advertising and solicitation on the Internet

False/Misleading Communication False or misleading communications contain material misrepresentations of fact or law, or omit necessary material facts.

Legal Marketing Firm Brochures Newsletters Rainmakers Client surveys Advertising Web sites Chat groups/threaded discussions

Spam Spam: Direct unsolicited to a large number of Internet users ◦ At least one state, Tennessee, has disciplined a lawyer for soliciting on the Internet by sending a direct spam to more than 10,000 Internet users, including users in jurisdictions in which the lawyer was not licensed to practice. ◦ Some states have determined that lawyers are not permitted to be listed in lawyers’ directories on the Internet, and several states classify fee-charging directories as profit-making referral services that lawyers are prohibited from using. ◦ Many firms use direct with current clients, sending newsletters and the like.

Solicitation Ethical rules restrict the conduct of lawyers in soliciting clients directly, either in person or by telephone.

Runners and Cappers There is a longstanding prohibition against runners and cappers--agents of lawyers who prey on accident victims by soliciting them directly, usually at the accident scene or hospital.