1. CHAPTER 6: PART 2 Advertisements and Professional Responsibility

2. Advertisements Where have you seen lawyer advertisements? Television
Online
Newspapers
Billboards

3. Advertisements History Lawyers were not always allowed to advertise
Used to be prohibited by bar associations and courts
Considered improper

4. Advertisements History
Supreme Court allows advertising by lawyers
Can’t forbid it – violation of the First Amendment

5. Advertisements Arguments for…
Helps consumers decide what lawyer to hire
Statics show that advertising leads to lower fees through competition

6. Advertisements Arguments against…
Encourages lawyers to be salespersons
More likely to make exaggerated claims
Too hard to determine a lawyer’s skills through an advertisements

7. Advertisements Rules for Advertising:
Lawyer may use written, electronic, or recorded media
Lawyer cannot give anything of value to anyone for a referral
Exception – pay reasonable costs of communications

8. Advertisements Rules for Advertising:
No endorsements by celebrities or public figures
Paid endorsements (such as by clients) must be disclosed

9. Advertisements Rules for Advertising:
Non-lawyers cannot play lawyers in an advertisement
No fictitious lawyers or law firms
Cannot imply that lawyers belong to the same firm if that’s not the case

10. Advertisements Rules for Advertising:
Non-clients cannot play clients or re-enact any events, UNLESS it is disclosed that it is a dramatization
(Ex: Daniel Muessig has friends play criminals – discloses at the end of his commercial)

11. Advertisements Rules for Advertising:
Must contain the name of one lawyer (responsible for the ad)
Must disclose geographic location of the law firm’s office
Lawyer’s must honor advertised fees

12. Advertisements Rules for Advertising:
Cannot say that the lawyer specializes in any area of law unless the law firm handles that type of case as a principal part of the its practice

13. Advertisements Rules for Advertising:
Cannot promise a certain outcome:
“We guarantee we will get a settlement of at least $50,000.”
“I promise to get all of my criminal defendants acquitted.”

14. Professional Responsibility

15. Professional Responsibility
Privilege
Trust is foundation of the attorney-client relationship
Attorney needs to have all information necessary to represent you
Client needs to speak freely
Privilege – information client gives to attorney cannot be disclosed

16. Professional Responsibility
Privilege
Created from a relationship
Special status or relationship of confidentiality
Ex: Attorney-Client
Ex: Spouses
Ex: Doctor-Patient
Ex: Clergy

17. Professional Responsibility
What if you don’t trust your lawyer?
Decisions are ultimately in the hands of the client
Lawyer’s job is to provide guidance
Can fire your lawyer if dissatisfied
Exception – Once trial has begun, you may or may not be able to fire lawyer

18. Professional Responsibility
Code of Professional Responsibility
Basic standard of conduct for lawyers
Enforced by state bar associations
MPRE –Multistate Professional Responsibility Exam: Ethics exam that law students must ass before taking the Bar Exam

19. Professional Responsibility
Code of Professional Responsibility
What happens if a lawyer violates the rules?
Reprimanded
License suspended
Disbarred (no longer allowed to practice law)

20. Professional Responsibility
Code of Professional Responsibility
Legal Malpractice
Lawyers can be sued (usually by clients) for violations
Ex: Lawsuit must be filed by Jan 1, Lawyer filed on Jan 3, Judge dismissed the case. Client can sue lawyer.

21. Professional Responsibility
Code of Professional Responsibility
Canon 1
A lawyer should assist in maintaining the integrity and competence of the legal profession.

22. Professional Responsibility
Code of Professional Responsibility
Disciplinary Rules – Canon 1:
Lawyer cannot lie, or assist another in lying, on his application to the bar
Lawyer cannot engage in fraud, deceit, or misrepresentation

23. Professional Responsibility
Code of Professional Responsibility
Canon 2
A lawyer should assist the legal profession in fulfilling its duty to make legal counsel available.

24. Professional Responsibility
Code of Professional Responsibility
Disciplinary Rules – Canon 2:
Rules regarding advertisements fall under this canon
Cannot give unsolicited advice to someone regarding the need to seek counsel and accept employment resulting from that suggestion (Exceptions include family, former clients and friends)

25. Professional Responsibility
Code of Professional Responsibility
Canon 3
A lawyer should assist in preventing the unauthorized practice of law.

26. Professional Responsibility
Code of Professional Responsibility
Disciplinary Rules – Canon 3:
Lawyer cannot form a partnership with a non-lawyer if the partnership is engaged in the practice of law
Lawyer cannot share fees with a non- lawyer except in certain, limited circumstances

27. Professional Responsibility
Code of Professional Responsibility
Canon 4
A lawyer should preserve the confidences and secrets of a client.

28. Professional Responsibility
Code of Professional Responsibility
Disciplinary Rules – Canon 4:
Lawyer cannot form a partnership with a non-lawyer if the partnership is engaged in the practice of law
Lawyer cannot share fees with a non- lawyer except in certain, limited circumstances

29. Professional Responsibility
Code of Professional Responsibility
Canon 5
A lawyer should exercise independent professional judgment on behalf of the client.

30. Professional Responsibility
Code of Professional Responsibility
Disciplinary Rules – Canon 5:
Lawyer can’t take a case where his exercise of judgment will be impaired by his own financial interest
Lawyer cannot accept payment from someone who isn’t the client (unless client consent)
Lawyer cannot acquire a proprietary interest in a case, except for contingent fees or liens to secure fees/expenses
Lawyer must avoid conflict of interest between clients

31. Professional Responsibility
Code of Professional Responsibility
Canon 6
A lawyer should represent a client completely.

32. Professional Responsibility
Code of Professional Responsibility
Disciplinary Rules – Canon 6:
Lawyer can’t handle a case that he is not competent to handle (Ex: Estate planning lawyer handling a child custody case)
Exception – associate with another lawyer.
Lawyer cannot limit liability for professional malpractice

33. Professional Responsibility
Code of Professional Responsibility
Canon 7
A lawyer should represent a client zealously within the bounds of the law.

34. Professional Responsibility
Code of Professional Responsibility
Disciplinary Rules – Canon 7:
Lawyer may refuse to aid or participate in conduct which he believes is illegal, even if there is an argument to support that it’s legal
Lawyer cannot knowingly use false or perjured testimony
Lawyer cannot advise his student to ignore a rule, but can take steps to test it

35. Professional Responsibility
Code of Professional Responsibility
Canon 8
A lawyer should assist in improving the legal system.

36. Professional Responsibility
Code of Professional Responsibility
Disciplinary Rules – Canon 8:
A lawyer who holds public office can’t use his position to obtain a benefit for his client or himself if not in the interest of the public
If a lawyer holds public office, he must still abide by the Code of Professional Conduct

37. Professional Responsibility
Code of Professional Responsibility
Canon 9
A lawyer should avoid the appearance of professional impropriety.

38. Professional Responsibility
Code of Professional Responsibility
Disciplinary Rules – Canon 9:
Lawyers need to keep client funds in appropriate bank accounts (following specific rules)
Lawyer cannot suggest that he has influence over a judge, etc.