1. Advertising and Solicitation and Fair Fees and Clients’ Trusts 1

2. Advertising and Solicitation A tension between The need for legal services but the lack of ability to pay for it The inability to know when legal representation is needed 2

3. Advertising and Solicitation The legal profession is obligated to find ways to resolve these issues Cost of legal services Legal services corporations Pro bono legal services Holding down expenses Knowing when to call a lawyer Public education Lawyer advertising 3

4. Advertising and Solicitation A third issue is the person/entity who needs representation but who is or whose case is unpopular Everyone is entitled to representation Appointed cases Does money solve the problem? 4

5. Advertising and Solicitation Advertising To get clients To educate people about legal rights Free speech rights 5

6. Advertising and Solicitation Problems of lawyer advertising Misrepresentation of lawyer’s abilities Misrepresentation of what client rights are Misrepresentation of what the lawyer can do in the specific case 6

7. Advertising and Solicitation Problems with lawyer advertising Testimonials Actors instead of lawyers Inappropriate approaches 7

8. Advertising and Solicitation Other forms of advertising Mail – not public solicitation so some of the protections are not in place. Personal solicitation – generally not allowed 8

9. Advertising and Solicitation Paralegal advertising To the public – no To lawyers - yes 9

10. Advertising and Solicitation Referral fees To non-lawyers – generally no To other lawyers – fee splitting – generally yes, with client’s approval 10

11. Advertising and Solicitation Internet adverting Similar to other rules Law firm/lawyer website – is it any difference from Yellow Page advertising? 11

12. Fair Fees and Client Trusts Fee agreements: Hourly fee arrangements – how much? Contingency fee arrangements – what percentage? How is it calculated? Flat rates – routine cases/set by law Expenses? 12

13. Fair Fees and Client Trusts Other sources of fees US law generally does not allow the prevailing party to recover attorneys’ fees from the losing side – exceptions: Written contracts Specific laws 13

14. Fair Fees and Client Trusts Hourly billing How is it done? What can be billed for? Whose hours are included? What rates? What’s the process? 14

15. Fair Fees and Client Trusts Value billing Hourly rate Bonus for good work/good results How are good work/good results determined and how is an amount assigned? 15

16. Fair Fees and Client Trusts Retainers One time or periodic? What does a retainer “buy”? Refund of retainers? Retainer or advanced payment of fees? 16

17. Fair Fees and Client Trusts Client trust accounts Funds belong to client Held by lawyer under certain conditions IOLTA accounts – whose interest is it? Segregated from office account 17

18. Fair Fees and Client Trusts Collecting fees Can a lawyer sue a client for fees? 18

19. Fair Fees and Client Trusts Other issues Who does a client’s file belong too? 19

20. Fair Fees and Client Trusts Pro bono legal services Lawyers’ obligation What kinds of services Balancing the obligation to render pro bono services and obligations to paying clients. 20