1. Obtaining Clients through advertising & solicitation
Chapter 3

2. Rule 7: Attorney Advertising
Communications Concerning Lawyer’s Services
RULE 7.1
Advertising
RULE 7.2
Solicitation of Clients
RULE 7.3
Political Contributions
RULE 7.6
Note: The ABA recently amended Rule 7, deleting Rules 7.4 and 7.5 and putting some of that content in Rule 7.3.

3. Advertising and Solicitation
Rule 7 governs how a lawyer advertises and obtains new clients…
Advertising refers to the lawyer’s communication with the public at large or a subset of the public;
Solicitation refers to the lawyer’s communication with an individual which is initiated by the lawyer (or agent) and designed to entice the individual to hire the lawyer

4. Rule 7.1: Communications Concerning Lawyer’s Services
A lawyer shall not make:
false or misleading
communication about
the lawyer or the lawyer's services
A communication is false or misleading if it contains:
material misrepresentation of fact or law, OR
omits a fact necessary to make the statement considered as a whole not materially misleading

5. Truthful and Not Misleading
Rule 7.1 applies to all kinds of communication, including:
Advertisements
Personal Communications (via letter, , or telephone)
Office Signs
Professional Cards
Professional Announcements
Letterhead
Brochures
L is subject to discipline for any type of communication about L or L’s services that is false or misleading
Truthful and Not Misleading

6. Truthful but Misleading
Truthful statements that are misleading are also prohibited by this Rule (Cmt. 2)
Communication can be true but misleading if it omits a fact necessary to make the communication 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

7. No Unjustified Expectations
True communications about a lawyer’s achievements in past cases may be misleading if it could lead a reasonable person to form an unjustified expectation that the same results could be obtained in a similar case;
An unsubstantiated comparison of the lawyer's services or fees with services or fees of another lawyer may be misleading if presented with such specificity as to lead a reasonable person to conclude the comparison can be substantiated;
Inclusion of a disclaimer or qualifying language may preclude a finding that a statement is likely to create unjustified expectations or otherwise mislead the public

8. MPRE RELEASED QUESTIONs
The MPRE questions and answers provided in this presentation are copyrighted by the National Conference of Bar Examiners (“NCBE”). You are permitted to view them for your personal and non-commercial use only. You are not permitted to copy, modify, reproduce, post, disclose, or distribute any of the items in whole or in part. Any unauthorized use of the items is a violation of NCBE’s rights and could subject you and others who are involved to criminal and civil penalties.

9. MPRE RELEASED QUESTION
The law firm of Alpha and Beta has a radio commercial which states:
“Do you have a legal problem? Are you being sued? Consult Alpha and Beta, licensed attorneys at law. Initial conference charge is $25 for one hour. Act now and protect your interest. Call at 1234 Main Street; telephone area code (101) ”

10. Choices – MPRE RELEASED Question
Are Alpha and Beta subject to discipline for the commercial?
Yes, because the qualification of the lawyers are not stated.
Yes, because the radio broadcast may encourage litigation.
No, if all the statements in the radio broadcast are true.
No, unless the radio broadcast is heard outside the state in which they are licensed.

11. Answer – MPRE RELEASED QUESTION
Yes, because the qualification of the lawyers are not stated.
Yes, because the radio broadcast may encourage litigation.
No, if all the statements in the radio broadcast are true.
No, unless the radio broadcast is heard outside the state in which they are licensed.

12. MPRE RELEASED QUESTION
MPRE – Practice Question
The following advertisement appeared in a daily newspaper in a state in which both parties are members of the bar:
Albert Alpha, M.D., J.D.
and
Bernie Beta, J.D.
Attorneys at Law
1000 “A” Street, City, State, 00000
Telephone (555)

13. Choices – MPRE RELEASED QUESTION
Are Alpha and Beta subject to discipline?
No, because both law and medicine are licensed professions.
No, if they possess the degree(s) stated.
Yes, because the reference to the M.D. degree is self- laudatory.
Yes, unless they limit their practice to areas in which a medical degree is relevant.

14. Answer – MPRE RELEASED QUESTION
No, because both law and medicine are licensed professions.
No, if they possess the degree(s) stated.
Yes, because the reference to the M.D. degree is self- laudatory.
Yes, unless they limit their practice to areas in which a medical degree is relevant.

15. (a) L may advertise services through written, recorded or
electronic communication, including public media.
(b) L shall not give anything of value for recommending services
Except may
(1) pay reasonable costs of advertisements or communications;
(2) pay usual charges of legal service plan, not-for-profit, or qualified lawyer referral service
Qualified Lawyer Referral Service: lawyer referral service approved by appropriate regulatory authority;
(3) pay for law practice in accordance with Rule 1.17;
(4) refer clients to another lawyer or nonlawyer professional pursuant to agreement, if
(i) reciprocal referral agreement is not exclusive,
AND
(ii) client is informed of the existence and nature of the agreement
(c) Any communication shall include:
Name of at least one lawyer or law firm responsible for content
Office address
Rule 7.2: Advertising

16. Public Dissemination of Information
Lawyers can publicly disseminate the following information:
lawyer's name or firm name
address, 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 (otherwise privileged info), names of clients regularly represented
and other information that might invite the attention of those seeking legal assistance

17. Paying Others to Recommend a Lawyer
Lawyers are not permitted to pay others for recommending L’s services or for channeling professional work in a manner violating Rule 7.3 (Cmt. 5)
However, Ls may pay for advertising and communications permitted within this rule
Cost of print directory listing
On-line directory listing
Newspaper Ads
Television and Radio airtime
Domain-name registrations
Sponsorship fees
Banner Ads
Group Advertising
Lawyers may compensate employees, agents, or vendors who are hired to provide marketing or client-development services
(i.e. publicists, PR personnel, business-development staff, website designers)

18. Referral Services
Lawyer may pay usual charges for a legal service plan or a not-for-profit or qualified lawyer referral services (Cmt. 6)
Legal service plan: a system that assists prospective clients to secure legal representation
Qualified lawyer referral system: one that is approved by an appropriate regulatory authority as affording adequate protections for prospective clients
Lawyer accepting referrals from a legal service plan or lawyer referral plan must act reasonably to assure that the activities of the plan or service are compatible with the lawyer’s professional obligations (Cmt. 7)
Lawyer may agree to refer clients to another lawyer or non-lawyer professional, in return for the undertaking of that person to refer clients or customers to the lawyer (Cmt. 8)
Lawyer who receives referrals from another must not pay anything solely for the referral
Referral agreements cannot be exclusive and the client must be informed of the arrangement

19. MPRE RELEASED QUESTION
MPRE – Practice Question
Attorney recently admitted to practice, opened an office near a residential neighborhood and published the following advertisement in the local newspaper.
*****COUPON*****
Get Acquainted with
Your Neighborhood Lawyer
Albert Attorney
Suite 2 – 1100 Magnolia Ave.
Sunshine City, State 01000
Telephone: (555)
In order to acquaint you with our services, we are offering a one-hour consultation to review your estate plans, including your wills, trust, and similar documents, all at the nominal cost of $25 to anyone presenting this coupon. Call now for an appointment.

20. Choices – MPRE RELEASED QUESTION
Is Attorney subject to discipline?
Yes, because Attorney is soliciting business from persons with whom Attorney had no prior relationship.
Yes, because Attorney requires the use of a coupon.
No, if Attorney provides the services described for the fee stated.
No, unless Attorney is seeking business from persons who are already represented by a lawyer.

21. Answer – MPRE RELEASED QUESTION
Is Attorney subject to discipline?
Yes, because Attorney is soliciting business from persons with whom Attorney had no prior relationship.
Yes, because Attorney requires the use of a coupon.
No, if Attorney provides the services described for the fee stated.
No, unless Attorney is seeking business from persons who are already represented by a lawyer.

22. Rule 7.3 : Solicitation of Clients
(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 family, close personal, or prior professional relationship with lawyer
(b)  Even if not prohibited by (a),
A lawyer shall not solicit professional employment by written, recorded or electronic communication or by in‑person, telephone or real-time electronic contact if:
(1)  target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; OR
(2)  solicitation involves coercion, duress or harassment.

23. Rule 7.3 : Solicitation of Clients: Targeted Communications
(c) Every written, recorded or electronic communication soliciting professional employment from anyone known to be in need of legal services shall include:
The words "Advertising Material" on the outside envelope
AND
The words “Advertising Material” at beginning & ending of any recorded or electronic communication
Unless recipient of communication is person specified in paragraphs (a)(1) or (a)(2)
(d) 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 for the plan from persons who are not known to need legal services in a particular matter covered by the plan

24. This form of communication is not directed to a prospective client
Solicitation is a targeted communication initiated by the lawyer that is directed to a specific person and offers to provide or can reasonably be understood as offering to provide legal services (Cmt. 1)
Lawyer is not permitted to contact a prospective client through direct, in-person communication
However, a lawyer may directly contact former clients and family members, or in situation where lawyer is motivated by considerations other than pecuniary gain (Cmt. 5)
Rule is not intended to prohibit a lawyer contacting representatives of organizations or groups that may be interested in establishing a group or prepaid legal plan for their members (Cmt. 7)
This form of communication is not directed to a prospective client
No Solicitation

25. “Advertising Material”
All written, electronic, or recorded communications with prospective clients must include the words “Advertising Materials”
Requirement under 7.3(c) does not apply to communications sent in response to requests from potential clients (Cmt. 8)
General announcements by lawyers, including change in personnel or office location, do not constitute communications soliciting professional employment from a client

26. Targeted Direct Mailings
Lawyers are not prohibited from sending truthful, non-deceptive letters to persons known to face specific legal problems

27. Harassing Prospective Clients
Lawyers may not use coercion, duress, or harassment when making contact with prospective clients
Lawyers may not contact prospective clients who have made known their desire not to be solicited by the lawyer
Harassing Prospective Clients

28. Rule 7.6: Political Contributions
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

29. Participating in Political Campaigns
Lawyers have the right to participate fully in the political process, including making and solicitation political contributions to candidates (Cmt. 1) 1
Lawyers may not make or solicit contributions in order to obtain an engagement for legal work awarded by government agencies, or obtain appointment by a judge (Cmt. 1) 2
If a lawyer makes or solicits a political contribution under circumstances that constitute bribery or another crime, Rule 8.4(b) is implicated (Cmt. 6) 3

30. Defining Political Contributions
“Political contribution” denotes any gift, subscription, loan, advance or deposit of anything of value made directly or indirectly to a candidate, incumbent, political party or campaign committee to influence or provide financial support for election to or retention in judicial or other government office (Cmt. 2)
Does not include contributions in initiative and referendum elections
Does not include uncompensated services