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Whos Got Your Name? NLADA Annual Meeting November 8, 2007 Will Hornsby ABA Division for Legal Services

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Presentation on theme: "Whos Got Your Name? NLADA Annual Meeting November 8, 2007 Will Hornsby ABA Division for Legal Services"— Presentation transcript:

1 Whos Got Your Name? NLADA Annual Meeting November 8, 2007 Will Hornsby ABA Division for Legal Services

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 (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


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