1. The brave new world of lawyer advertising
Amber Hollister, OSB General Counsel

2. Poll Everywhere Web: Respond at PollEv.com/oregonstatebar
Text: oregonstatebar to to join session
Then text Answer (A, B, C)
Download App PollEv from Apple or Android store (this is not really necessary)
Poll Everywhere
Data collection
  Tell them how to participate. “You will be able to participate by sending a text message or visiting a web address on your phone or laptop.” (If you will be polling the same audience repeatedly – for example, as part of a class – they can download the app from the Apple or Android app store to participate.)
Address their concerns 1. Fees. “Standard text messaging rates apply, so it may be free for you, or up to twenty cents on some carriers if you do not have a text messaging plan.” 2. Privacy. “The service we are using is serious about privacy. I cannot see your phone numbers, and you will never receive follow-up text messages outside this presentation.” 3. Typing. “Capitalization doesn’t matter, but spelling and spaces do.” 4. Downloading another app. “You can participate without downloading yet another app to your phone. (But if you want to, Poll Everywhere does have an app available in the Android and Apple app stores.)" Explaining Poll Everywhere verbally When allowing participation through texting: “To participateyou mustfirstjoin my session. You do this by sending a message to the five digit number In the body of the message, you’ll type the keyword _____ You will get a confirmation message that you are now part of my session. From there, just reply to that message with your response (A,B,C)…” When allowing participation on the web: “To participate, open any browser and visit Wait for the poll to appear and then submit your response.“
Fees. “Standard text messaging rates apply, so it may be free for you, or up to twenty cents on some carriers if you do not have a text messaging plan.” 2. Privacy. “The service we are using is serious about privacy. I cannot see your phone numbers, and you will never receive follow-up text messages outside this presentation.” 3. Typing. “Capitalization doesn’t matter, but spelling and spaces do.” 4. Downloading another app. “You can participate without downloading yet another app to your phone. (But if you want to, Poll Everywhere does have an app available in the Android and Apple app stores.)"

3. Poll Everywhere
Pollev.com/oregonstatebar
22333
(oregonstatebar)
<your response>
General use graphics to be customized according to your poll’s instructions
Web voting
Text voting

4. ROADMap What is this legal futures thing? Why do we care?
What do consumers want?
Why is this a legal ethics issue?

6. ABA Commission on the Future of Legal Services

7. Also efforts in California, NY, Florida, Utah, Michigan …
Also efforts in California, NY, Florida, Utah, Michigan …. On and on and on
Basically, bar staff have been tortured around the nation.

8. OREGON’s Civil Access to Justice Gap
Richard Zorza looked at some of the data from the National Center for State Courts’ Landscape of Litigation in Civil Courts. After playing with a data set of 650,000 cases from a random selection of ten urban counties, Zorza figured out that nearly 70% of all civil cases1 only have an attorney on one side of the equation, and that side is usually the plaintiff.

9. Reasons for Not Hiring an Attorney
Results of American Bar Foundation published a study in 2014
Half of Americans aren’t able to come up with $400 in an emergency, which almost certainly means they aren’t hiring a lawyer when trouble arises.
Legal Aid is under-resourced and underfunded, which means even people that qualify for representation through a legal services organization aren’t getting assistance.
American Bar Foundation (2014)

10. The Access to Justice Gap
We are only serving individuals above the water line. Legal aid, as great as it is, can only serve 15-20% of the need of indigent Oregonians. But this does not account for the swath of middle income Oregonians who don’t have access to legal services. How are we going to serve those below the waterline?

11. What do consumers want?

12. When we will actually acknowledge that Millenials, what they want and how they access services is here to stay?

13. Services I have used to make purchases.
And I’m a dinosaur who is relatively slow to adapt.
Richard Granat, Uberization of Legal Services

14. User Experience
Price Transparency
Mobile Access
By Magnus Revang

15. What about legal advertising?

16. Traditionally written advertising
Traditionally written advertising. Billboard, yellow pages, more recently, online websites.

17. Advertising & Referrals

19. “The world is changing, and with it the market for legal services, whether or not lawyers acknowledge the changes let alone address them.” - Stephen Gillers
Smart people say we should

21. Residential Tenancy Matter

22. Family Law Matter

24. How is this an ethics issue?

25. Fundamentals What you can say? How you can pay for it?
Prohibition on Material Misrepresentation, Rule 7.1
Protecting Confidential Information, Rule 1.6
How you can pay for it?
Paying for advertising allowed, but paying for recommendations prohibited, Rule 7.2
Who you can speak to?
Limits on solicitation, Rule 7.3
Who can you cooperate with?
Limits on fee-sharing, Rule 5.4

27. “The case has been made for decades: our existing approaches to regulating the American legal profession increase costs, decrease access, stifle innovation, and do little to protect the interests of those who need or use legal services.” Gillian K. Hadfield and Deborah L. Rhode
How to Regulate Legal Services to Promote Access, Innovation, and the Quality of Lawyering, Hastings Law Journal, Volume 67, Issue 5, (2016)

28. RPC 7.2 advertising
(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. (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 lawyer referral service; and (3) pay for a law practice in accordance with Rule (c) Any communication made pursuant to this rule shall include the name and contact information of at least one lawyer or law firm responsible for its content.
Contact information used to be office address.

29. Proposed RPC 7.3 SOLICITATION OF CLIENTS
A lawyer shall not solicit professional employment by any means if:
(a) the lawyer knows or reasonably should know that the physical, emotional or mental state of the person who is the subject of the solicitation is such that the person could not exercise reasonable judgment in employing a lawyer;
(b) the person who is the subject of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; or
(c) the solicitation involves coercion, duress or harassment.
Adopted by HOD on Nov 3, 2017 & Before Supreme Court
Changes in 2017 removed requirement that written solicitations directed at client known to be in need of legal services be marked as “Advertising Materials”

30. ORS 9.510
“No attorney shall solicit business at factories, mills, hospitals or other places, or retain members of a firm or runners or solicitors for the purpose of obtaining business on account of personal injuries to any person, or for the purpose of bringing damage suits on account of personal injuries.”

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Amber Hollister