| LEO Num | Topics | Summary | Date |
1290
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| [WITHDRAWN 9/16] A law firm staff member may not solicit business for the firm even if the non-lawyer is to receive no additional compensation for the service (because the staff member would be compensated with a regular salary for recommending or securing employment for the law firm). A lawyer may never delegate in-person solicitation to a non-lawyer, even acting under the lawyer's supervision. | 10/25/1989 |
0856
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| [WITHDRAWN 9/16] A lawyer may offer free estate planning seminars to church members (with no intent to solicit other business) and may accept other business if a church member wants to retain the lawyer. | 11/10/1986 |
1750
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| A compendium opinion on lawyer marketing reflects the 7/1/17 ethics rules changes. First, lawyers must disclose that their advertising includes actors rather than lawyers "when the language used implies otherwise" (as when actors "use first person references to themselves as lawyers"). Second, lawyers may use a phrase such as "no recovery, no fee" only when they have already decided that the "client's responsibility for advanced costs and expenses will be contingent on the outcome of the matter." Third, law firms may not include the name of a lawyer "not associated with the firm or a predecessor of the firm," and must "actually practice" under their advertised name. It is "potentially misleading" for lawyers to advertise "the use of a non-exclusive office space" if lawyers do not provide legal services there. Fourth, lawyers may not advertise that would-be clients "will have to consult an attorney" before speaking with an insurance company representative. Fifth, lawyers may advertise their participation in lawyer referral services, as long as the service is: "operated in the public interest; is open to all area lawyers who meet the services requirements; requires service members to pay malpractice insurance or otherwise ensure financial responsibility; has adopted procedures for admitting and removing lawyers; prohibits any fee-generated referral to any lawyers who have an ownership interest in the service. Among other things, such referral service membership advertising may not: falsely imply that membership is based on some objective "quality of services" assessment; state or imply that the services contain all eligible lawyers; falsely state or imply that a "substantial number" of lawyers participate in the service. Sixth, although advertising specific or cumulative case results no longer must be preceded by a specific disclaimer, such advertisements "can be misleading." For instance, it would be misleading to advertise a $1,000,000 verdict if the lawyer's client had turned down a $2,000,000 settlement offer before trial. Seventh, lawyers may not use such "extravagant or self-laudatory" advertisements such as "the best lawyers," "the most experienced," etc. Eighth, lawyers may not advertise or use client testimonials that cannot be "factually substantiated" – the same standard as the lawyers' own advertisements. Lawyers may use "soft endorsements" that describe lawyers' return of clients' phone calls, appearance of concern, etc. Ninth, lawyers may list their inclusion in publications such as The Best Lawyers In America, but if they are delisted they must accurately state the "year(s) or edition(s) in which the lawyer was listed." Tenth, lawyers may advertise as a "specialist" or "specializing in" certain areas, as long as they can establish its accuracy. Eleventh, lawyers may advertise using terms such as "expert" or "expertise" if they can factually substantiate the description. | 10/2/2019 |
1572
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| A lawyer may not engage in an arrangement with a non-lawyer under which the non-lawyer refers cases to the lawyer, assists in helping the lawyer for a fee and in personal injury cases receives a percentage of the client's recovery. The arrangement impermissibly involves a lawyer: (a) paying the non-lawyer a referral fee for soliciting clients and; (b) splitting fees with a non-lawyer. | 2/8/1994 |
0625
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| A lawyer may solicit business from an accident victim in writing, by telephone or by in-person communication. [Rule 7.3(f) would prohibit any in-person or telephone solicitation in these circumstances.] | 11/14/1984 |
ABA-501
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| Lawyers may be ethically responsible for violating ABA Model Rule 7.3’s prohibition on “live, person-to-person solicitation of legal services” by the following persons acting with the lawyer’s knowledge (“and [if the lawyer] in some way requests or authorizes the conduct”): (1) “current employees of the lawyer, marketing firms hired by the lawyer, existing clients, former clients, friends and family of the lawyer, or even professional colleagues such as bankers, real estate agents, and accountants”; (2) a “professional lead generator” who telephones possible clients; (3) a firm paralegal working weekends as a paramedic, who hands out the lawyer’s business cards to injured accident victims, and whom the lawyer congratulates and often rewards with a bonus, but does not train, or stop from doing so. Lawyers would violate this prohibition if they place telephone calls offering general legal services to arrestees on a list the lawyer receives from a sheriff. Lawyers would not violate this prohibition by asking a personal friend banker to provide the lawyer’s name to those who might need an estate plan (without targeting any specific people, and without directing the banker to do so). Federal and state laws might also prohibit these types of solicitation. | 4/13/2022 |
1515
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| This LEO outlines the principle governing a lawyer acting as executor or trustee: a pre-existing attorney-client relationship is not necessary, but is one factor showing the propriety of the lawyer's selection. The lawyer must fully disclose the fees that will be charged (preferably in writing) and "has a duty to suggest that the client investigate potential fees of others who might otherwise provide such services." A lawyer acting as executor or trustee may hire the lawyer's own law firm to represent him or her as long as there is full disclosure (including "the general compensation to be paid to the law firm") and consent (if the client is already dead, the beneficiaries can consent). A lawyer acting as a fiduciary is governed by the Code. A lawyer may solicit designation as a fiduciary as long as there is no overreaching or fraud. (Approved by the Supreme Court 2/1/94) | 2/1/1994 |