1. PA 253- Legal Ethics SEMINAR UNIT SIX
UNIT 6: ADVERTISING AND SOLITICATION
Professor Paulina Proper, J. D.

2. UNIT 4 & MIDTERM EXAM REVIEW
Main topics:
Duty of loyalty – derived from FIDUCIARY DUTIES
Professional conflicts
Adverse clients
Personal conflicts
Bias
Questions?

3. UNIT 7 PREVIEW Access to Justice and Unsavory clients
History of legal advertising
Dos and Don’ts of legal
advertising

4. ACCESS TO JUSTICE
FILL GAP BETWEEN NEED FOR LEGAL SERVICES & SATISFACTION OF THIS NEED
Gap:
Primary reason is inability to pay
Secondary reason is ignorance
How do we make the practice of law better suited to aid the public?
ABA Opinion No. 320 (1968)
Duty of profession to improve delivery of legal services to those who need them

5. Jared Loughner, alleged mass murderer
THE UNSAVORY CLIENT
Each and every client is entitled to the very best work product and consideration regardless of one’s personal likes or dislikes.
Can’t to best work? Talk to attorney about being reassigned?
Lawyer isn’t obligated to accept a client.
Forcible appointment of lawyers?
Jared Loughner, alleged mass murderer

6. LAW FIRMS & ADVERTISING
Rule 6.1: members of the legal profession should assist laypeople in recognizing their legal problems
Bates & O’Steen v. Arizona
Zauderer vs. Disciplinary Counsel
Attorney specialties?
Prohibit exaggeration
Audience is general public
No false or misleading
statements

7. GOOD LAWYER ADVERTISING
ABA Model Rule 7.2
Law in your state?
PA, MD, SC, LA, NY

8. SOLICITING: GOOD & BAD More heavily regulated than advertising
All states have rules that prohibit in-person “soliciting”
Sample Rule 7.3
Solicitation is when communication is directed to specific individual, advertising is directed to general public.
Pressure as the difference / no “in your face”
Idaho State Bar v. Jenkins

9. SOLICITING: GOOD & BAD
Written solicitations are more heavily regulated than in-person or telephone solicitations

10. GOOD SOLICITATION & IMPORTANCE OF INTENTIONS
Primus case
Disciplined by State Bar of SC
Exonerated by US Supreme Court
Key is monetary gain

11. DIRECT MAIL What is direct mail?
Not the same as advertising to general public
Matter of Discipline of Appert & Pyle
Moratorium before potential clients are contacted
No in-person solicitation if motivated by desire to make money
Home foreclosure lists

12. PARALEGALS AND ADVERTISING
Paralegals can’t provide legal services to the public
So they can’t advertise to the public
California’s UDAs and LDAs
Advertise only to lawyers
Pablo & increasing work
Do good work
Networking
Informative pamphlet in Spanish
Telephone Directory
Website

13. TIMES WHEN POTENTIAL CLIENTS CANNOT BE CONTACTED
Moratorium after mass disaster?
To protect the privacy and tranquility of victims so they don’t fall prey to undue influence “
Florida Bar v. Went For It, Inc.
30-day moratorium for ethics reasons?

14. CORPORATE COUNSEL
Depending on state, in-person solicitation rules do not apply
Those rules are meant to protect the unsophisticated user of legal services

15. REFERRAL FEES
Lawyer should not be paid any more than “responsibility assumed or work performed is worth.”
ABA disapproves of referral fees but doesn’t mind dividing fees.
DIFFERENCE: Dividing fees involves two lawyers both doing legal work for the client
Comment 4, Model Rule 1.5
Champerty
CA ok with client’s written consent
Logic is better to have a lawyer competent to handle case than not

16. TECHNOLOGY & ADVERTISING
Must a website comply with all states’ rules?
Allowed to list client?
Remember – CONFIDENTIALITY!
Usually requires written permission from client
Internet referrals? Can’t pay for this service.

17. HYPOTHETICAL From the reading, did March cross ethical boundaries?
Which ones?
Why?

18. COMING UP IN UNIT 7 WHAT WILL WE COVER? FEES CLIENT TRUST ACCOUNTS
Graded Assignments
Discussion Board (25 pts)
Seminar (30 pts)
Test (25 pts)
Gear up for our Unit 8 project!

19. QUESTIONS?