1. Whos Got Your Name? NLADA Annual Meeting November 8, 2007 Will Hornsby ABA Division for Legal Services whornsby@staff.abanet.org

2. Outsource Enforcement to the Disciplinary Function

3. Entities cannot be the subject of disciplinary enforcement – Only lawyers

4. But, lawyers are responsible for the compliance of those entities, particularly their advertisements

5. Through the Ethics Rules… FL Rule 4-7.10(b) lawyer who accepts referrals from a lawyer referral service is responsible for ensuring that any advertisements used by the service comply with the requirements of the Rules. TX 7. 4 (p) lawyer who advertises in the public media as part of an advertising cooperative or venture shall be individually responsible for: (1) ensuring that each advertisement does not violate this Rule... ABA Model Rule 8.4 (a) it is professional misconduct to violate the Rules through the acts of another.

6. Through the rules of agency law

7. A lawyer cannot benefit from someone else doing something on the lawyers behalf that the lawyer cannot do directly. The Rationale:

8. The ethics rules apply to the Internet– whether or not they say so State ethics opinions State ethics opinions In re Canter In re Canter

9. Potential Breaches

10. Rule 7.5(a) A trade name may be used by a lawyer in private practice if it does not imply a connection with a public or charitable legal services organization…

11. Rule 7.1 A lawyer shall not make a false or misleading communication about the lawyer or the lawyers services… A lawyer shall not make a false or misleading communication about the lawyer or the lawyers services…

12. Most states prohibit the creation of unjustified expectations and unsubstantiated comparisons

13. Rule 7.2 (b) A lawyer shall not give anything of value for the recommendation of the lawyers services, except for the reasonable costs of advertising or the usual changes of a state-qualified or non-profit lawyer referral service or legal service plan. A lawyer shall not give anything of value for the recommendation of the lawyers services, except for the reasonable costs of advertising or the usual changes of a state-qualified or non-profit lawyer referral service or legal service plan.

14. Other 7.2 limitations – Look at the cumulative effect for multi-state entities Disclaimers Disclaimers Limits on dramatizations Limits on dramatizations Limits on stock photos Limits on stock photos Retention/Filing/Screening requirements Retention/Filing/Screening requirements

15. prohibit deception or misrepresentation and conduct detrimental to the legal profession. Rule 8.4 (c) and (d)

16. Possible outcomes from filing a complaint Cease and desist letter Cease and desist letter Ask Gary sanctions Ask Gary sanctions

17. Comments and Questions