1. Legal Ethics: Advertising & Solicitation
Seminar 6
Video Reviews
History of Advertising
Ads vs. Solicitations
Communications
Direct Mail
Runners & Cappers

3. Video Reviews http://www.youtube.com/watch?v=xGvYWauwLAY
Jackie Chiles
Turn pain to rain

4. Video Reviews http://www.youtube.com/watch?v=8QjnoW4d_Io

5. History of Advertising
Before the 1970’s, lawyers were not allowed to advertise to the general public
Telephone directory ads could only show contact information
Advertising was considered “unprofessional”

6. Advertising vs. Solicitations
Advertising happens from a distance
Solicitation is typically face to face
Solicitation communications must be labeled “advertisement”

7. Notable Cases Bates v. Arizona
U.S. Supreme Court ruled that the 1st Amendment protects lawyers’ right to advertise
Because it is “commercial speech” it can be regulated by the states
Zauderer v. Disciplinary Counsel
U.S. Supreme Court ruled that this graphic ad assisted the public in recognizing a potentially dangerous medical problem

8. Regulations: Jurisdictionally Driven
Each State Regulates Solicitations and Advertising
Iowa: Rule 7.2 Iowa:

9. Communications are Highly Regulated
No false statements
No unjustified expectations
No misleading comparisons
Must be clearly labeled “advertisement”
Do not imply special privileges with government
Do not imply a person or company is dishonest

10. Communications are Highly Regulated cont.
Some states do not allow endorsements
Keep copies of ads
Each ad must name at least one lawyer
Must say it is an advertisement
Do not use “certified” or other designation unless it is true

11. Firm Names Iowa Rule 7.5 States differ on the use of “trade names”
Cannot imply affiliation with government

12. Advertising in the 21st Century
Blogs are a form of advertising
Websites are a form of advertising
Chat rooms may involve advertising
Message boards can be used for advertising
Disclaimers may not help

13. Advertising: Lawyers and Paralegals
Lawyers advertising rules and paralegal advertising rules are different
As a general rule, paralegals can only advertise to lawyers, not to the public
If you see ads by paralegals in the phone directory, they are committing UPL!
Must be truthful

14. Direct Mail Advertising
Typically form letters
Mailing lists are available through the judicial system
Often used in foreclosures, mass disasters

15. Rule Against Solicitations
Do not by in-person, live telephone or real-time electronic contact solicit professional employment from a prospective client. No
“Ambulance Chasing”
Hanging out at Hospitals
Hanging out at Prisons
Outside of Courtrooms

16. Solicitation Exceptions
Differ from state to state
Most states allow solicitation of family members and former clients
Some states allow solicitation of lawyers
Prepaid legal service plans are also excepted

17. Runners & Cappers
Runners: person whose business it is to solicit patronage or trade
Capper: lure, decoy, or steerer
Paying others to find clients is illegal
Paying a reward to police, doctors, court personnel, etc. to refer clients is illegal
Planting plaintiffs or “creating” litigation is illegal
Finder fees are illegal, except in California.
Only charge for work done.

18. Examples Going door to door looking for clients is solicitation
Walking around a hospital giving out your business card is solicitation
Offering the services of your law firm is solicitation (unless you are asked)