PA 253- Legal Ethics SEMINAR UNIT SIX UNIT 6: ADVERTISING AND SOLITICATION Professor Paulina Proper, J. D.

UNIT 4 & MIDTERM EXAM REVIEW Main topics: Duty of loyalty – derived from FIDUCIARY DUTIES Professional conflicts Adverse clients Personal conflicts Bias Questions?

UNIT 7 PREVIEW Access to Justice and Unsavory clients History of legal advertising Dos and Don’ts of legal advertising

ACCESS TO JUSTICE FILL GAP BETWEEN NEED FOR LEGAL SERVICES & SATISFACTION OF THIS NEED Gap: Primary reason is inability to pay Secondary reason is ignorance How do we make the practice of law better suited to aid the public? ABA Opinion No. 320 (1968) Duty of profession to improve delivery of legal services to those who need them

Jared Loughner, alleged mass murderer THE UNSAVORY CLIENT Each and every client is entitled to the very best work product and consideration regardless of one’s personal likes or dislikes. Can’t to best work? Talk to attorney about being reassigned? Lawyer isn’t obligated to accept a client. Forcible appointment of lawyers? Jared Loughner, alleged mass murderer

LAW FIRMS & ADVERTISING Rule 6.1: members of the legal profession should assist laypeople in recognizing their legal problems Bates & O’Steen v. Arizona Zauderer vs. Disciplinary Counsel Attorney specialties? Prohibit exaggeration Audience is general public No false or misleading statements

GOOD LAWYER ADVERTISING ABA Model Rule 7.2 Law in your state? PA, MD, SC, LA, NY

SOLICITING: GOOD & BAD More heavily regulated than advertising All states have rules that prohibit in-person “soliciting” Sample Rule 7.3 Solicitation is when communication is directed to specific individual, advertising is directed to general public. Pressure as the difference / no “in your face” Idaho State Bar v. Jenkins

SOLICITING: GOOD & BAD Written solicitations are more heavily regulated than in-person or telephone solicitations

GOOD SOLICITATION & IMPORTANCE OF INTENTIONS Primus case Disciplined by State Bar of SC Exonerated by US Supreme Court Key is monetary gain

DIRECT MAIL What is direct mail? Not the same as advertising to general public Matter of Discipline of Appert & Pyle Moratorium before potential clients are contacted No in-person solicitation if motivated by desire to make money Home foreclosure lists

PARALEGALS AND ADVERTISING Paralegals can’t provide legal services to the public So they can’t advertise to the public California’s UDAs and LDAs Advertise only to lawyers Pablo & increasing work Do good work Networking Informative pamphlet in Spanish Telephone Directory Website

TIMES WHEN POTENTIAL CLIENTS CANNOT BE CONTACTED Moratorium after mass disaster? To protect the privacy and tranquility of victims . . . so they don’t fall prey to undue influence . . . “ Florida Bar v. Went For It, Inc. 30-day moratorium for ethics reasons?

CORPORATE COUNSEL Depending on state, in-person solicitation rules do not apply Those rules are meant to protect the unsophisticated user of legal services

REFERRAL FEES Lawyer should not be paid any more than “responsibility assumed or work performed is worth.” ABA disapproves of referral fees but doesn’t mind dividing fees. DIFFERENCE: Dividing fees involves two lawyers both doing legal work for the client Comment 4, Model Rule 1.5 Champerty CA ok with client’s written consent Logic is better to have a lawyer competent to handle case than not

TECHNOLOGY & ADVERTISING Must a website comply with all states’ rules? Allowed to list client? Remember – CONFIDENTIALITY! Usually requires written permission from client Internet referrals? Can’t pay for this service.

HYPOTHETICAL From the reading, did March cross ethical boundaries? Which ones? Why?

COMING UP IN UNIT 7 WHAT WILL WE COVER? FEES CLIENT TRUST ACCOUNTS Graded Assignments Discussion Board (25 pts) Seminar (30 pts) Test (25 pts) Gear up for our Unit 8 project!

QUESTIONS?