TOPIC C: ADVERTISING AND SOLICITING P.R Prof. Janicke 2016TOPIC C1

MEANING OF “ADVERTISING” LOOKING FOR LEGAL WORK BY COMMUNICATING TO A WIDE SPECTRUM OF PEOPLE 2016TOPIC C2

MEANING OF “SOLICITING” LOOKING FOR LEGAL WORK BY COMMUNICATING WITH ONLY ONE, OR A SMALL NUMBER, OF PEOPLE IN A PARTICULAR SITUATION (e.g., TRAIN DERAILMENT) – A MORE FOCUSED TYPE OF CONTACT 2016TOPIC C3

SOLICITING IS MORE STRICTLY REGULATED THAN ADVERTISING 2016TOPIC C4

FOR BOTH TYPES OF COMMUNICATIONS R. 7.1: –SEEKING BUSINESS IS OK, IF TRUTHFUL AND NOT MISLEADING –UNCONSTITUTIONAL FOR A STATE TO PROHIBIT ALL LAWYER ADVERTISING 2016TOPIC C5

BY ADVERTISING (WIDE SPECTRUM) R. 7.2 –OK IF TRUTHFUL AND NOT MISLEADING –DETAILS VARY BY JURISDICTION –SEE R. 7.2 C2 FOR MODEL LIST OF PERMITTED INFO 2016TOPIC C6

REAL-LIFE PITFALLS OVERSTATING EXPERIENCE OVERSTATING PAST RESULTS OVERSTATING LIKELIHOOD OF SUCCESS IN THE FUTURE IMPLYING AN ABILITY TO INFLUENCE AN OFFICIAL (JUDGE) IMPROPERLY R. 8.4(e) 2016TOPIC C7

IMPORTANT RESTRICTIONS RULE 7.2(b): –CAN’T PAY OTHERS TO RECOMMEND EXCEPT A QUALIFIED REFERRAL SERVICE –ADS MUST GIVE AT LEAST ONE LAWYER/FIRM NAME AND ADDRESS [GETTING REALLY TINY THESE DAYS IN TV ADS] 2016TOPIC C8

SOLICITING (NARROW SPECTRUM) R. 7.3: THE ONLY PERMITTED TARGETS: –LAWYERS –RELATIVES –CLOSE FRIENDS –PAST CLIENTS 2016TOPIC C9

FORBIDDEN MODALITIES: EVEN FOR THOSE PERMITTED TARGETS: IN-PERSON, TELEPHONE, OR WRITING NOT ALLOWED IF: –PERSON HAS INDICATED NO or –“COERCION, DURESS, OR HARASSMENT” 2016TOPIC C10

WRITTEN MATERIAL, ETC. FOR THE PERMITTED TARGETS ONLY MUST SAY “ADVERTISING MATERIAL” AT BEGINNING OR END [UNLESS TARGET IS ONE OF THE PERMITTED ONES OF R. 7.3(a)] 2016TOPIC C11

SPECIALTIES R. 7.4 CAN COMMUNICATE THEM IF REAL SOME ARE BY OFFICIAL LICENSE: –PATENT OFFICE PRACTICE OR BY CUSTOM: –ADMIRALTY PRACTICE 2016TOPIC C12

OTHER FIELDS: TO SAY “SPECIALIST,” LAWYER MUST HAVE A CERTIFICATION BY AN APPROVED AUTHORITY R. 7.4 –APPROVED BY STATE OR ABA 2016TOPIC C13

STATING THAT PRACTICE IS RESTRICTED CAN COMMUNICATE THAT A PRACTICE IS RESTRICTED TO CERTAIN FIELDS, IF TRUE R. 7.4(a), AND C1 THIS IS DIFFERENT FROM SAYING “SPECIALIST” IN THOSE FIELDS 2016TOPIC C14