Presentation on theme: "A. ATTRACTING CLIENTS Modern 1st A. protection for “Commercial Speech” 1976: prohibition against pharmacies advertising prices of prescription drugs."— Presentation transcript:
A. ATTRACTING CLIENTS Modern 1st A. protection for “Commercial Speech” 1976: prohibition against pharmacies advertising prices of prescription drugs (Virginia Pharmacy) 1977: prohibition against lawyer advertising (Bates v. State Bar of Arizona) Purpose of protection: public interest in receiving useful information about goods and services
Commercial speech c’t’d 1980: Central Hudson Gas & Electric sets limits on protection for commercial speech generally can forbid promoting unlawful activity can forbid false/misleading statements 3-part test for other restrictions: substantial gov’tal interest restriction directly and materially advances it restriction is “narrowly drawn”
Problem p. 114 Telephone # 1-800-LAWSUIT – improper advertising? MRPC 7.1 Missouri MRPC 7.1 Firm name “The Suit Shop”? MRPC 7.1, 7.5 n. 5 p. 120 What about referring to one’s selection to “Super Lawyers” or “Best Lawyers of America”?
Problem p. 114 c’t’d writing directly to persons reported in the newspaper to have been injured in accidents – improper solicitation? Went For It, p. 114, and n. 1 p. 118 MRPC 7.3 cf. Missouri MRPC 7.3 writing directly to people reported to be arrested – is this different from accidents? n. 2 p. 119
Solicitation c’t’d Parameters of constitutional protection for solicitation Ohralik v. Ohio State Bar Ass’n (1978) – classic “ambulance-chasing” case, not protected In re Primus (1978) – a pro bono solicitation case, protected under the particular circumstances Hence the relationship between MRPC 7.3(a) (pecuniary gain) and 7.3(b) (coercion, duress or harassment)
B. NATURE, ESTABLISHMENT, SCOPE (1) Problem p. 121 Nature of the relationship: “fiduciary” – what does that mean? What are your obligations, if any, toward Smith, after the initial consult and he can’t find another lawyer? Have you already “taken his case”? Togstad If not, must you do so now? N. 6 &7 p. 128 any difference, if the initial consult took place through e-mail from the webpage?
Problem p. 121 c’t’d If Smith files a civil suit pro se, and the judge asks you to represent him, what are your obligations? MRPC 6.1, 6.2 can you refuse because you won’t get a fee? can you refuse because you don’t like him? if the judge orders you to do so, are you stuck? N. 9 p. 129 – constitutional issues?
Problem p. 121 c’t’d what about question (d) p. 122 – can you refuse to do more than write a letter to the landlord? MRPC 1.2(c) and n. 11 p. 132 Suppose Smith is charged with assault in municipal court, can’t pay a lawyer but isn’t eligible for a public defender – if the judge asks you to step in, are you stuck? N. 8 p. 129
B(2) Identifying the Client Problem p. 133 Who are the Young & Winslow firm’s “clients”? Do they have professional obligations to anyone else? Greate Bay Hotel, p. 134 MRPC 1.13 – does this help at all for our problem? What more do you need to know?
N. 3 p. 137: insurance defense – who is the client? the insured? the insurer who selects and pays the lawyer? if both, is there a problem?