ELLM: Cross Border Practices, Model

Rule 5.5, Associations of Lawyers

 UPL=Unauthorized or Unlawful Practice of Law

 Regulated jurisdiction by jurisdiction by:

legislation,
court rules,
statutes (civil and criminal), and
court opinions regarding UPL

 Prohibition against the practice of law by persons with no license at all or lawyers
licensed in other states.

Non-lawyers Cannot Generally Practice Law

Violates criminal statutes

Lawyers cannot assist non-lawyers in the unauthorized practice (5.5)

Lawyers cannot form partnerships with non-lawyers if involves practice of law (5.4)

Lawyers cannot share legal fees with non-lawyers (1.5)

Ex. Notary Public

 Civil vs. Common law countries

 In civil law countries Notaries represent a separate branch of the legal

professions

 In common law countries a notary has limited powers, such as administration

of oaths to person who sign sworn documents

 Huge problem with UPL by “Notarials” in the United States due to

misunderstanding of foreign nationals of their role in the legal system here

Multijurisdictional Practice of Law- MJP

Legal work by a lawyer in more than one jurisdiction, including a jurisdiction where
not admitted to practice law
 Why do you care?

Modern times…

United States’ Historical Context

State regulation of practice of law arises out of concept that states have interest in
protecting its residents and justice system and establish requirements that its lawyers
have requisite competence and fitness to practice law
In late nineties, traditional lawyer regulation practices came under particular scrutiny
in part based on two cases:
Birbrower , 949 P. 2 (1998) (Ca case) (Lawyer not licensed in Ca. but in NY,
violated Ca’s misdemeanor UPL provision when assisted Ca. corporation in
arbitration under Ca. law and were barred from recovering fees under fee
agreement for legal services for work done while physically or virtually present
in Ca.
Parsons, 179 F. 3d 956 (1999)(Selling of software forms for legal documents by Ca.
corp in Tex was UPL because aided nonlawyers in practice law even though there
were disclaimers.)

MR Rule 5.5 UPL; MJP

5.5(a) Lawyer shall not practice law in jurisdiction in violation of the regulation of the
legal profession in that jurisdiction or assist another in doing so
California Rule 5.5
Rule 5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law
(a) A lawyer admitted to practice law in California shall not:
(1) practice law in a jurisdiction where to do so would be in violation of
regulations of the profession in that jurisdiction; or
(2) knowingly* assist a person* in the unauthorized practice of law in that jurisdiction.
(b) A lawyer who is not admitted to practice law in California shall not:
(1) except as authorized by these rules or other law, establish or maintain a resident
office or other systematic or continuous presence in California for the practice of law;
or
(2) hold out to the public or otherwise represent that the lawyer is admitted to practice
law in California.

MR 5.5(c)- Safe harbors

A lawyer admitted in another US jurisdiction and not disbarred or suspended from
practice in any jurisdiction may provide legal services on a temporary basis in this
jurisdiction that:
 (1) are undertaken in association with a lawyer admitted to practice in this
jurisdiction and who actively participates in the matter; (The Local counsel
provision);

(2) are in or reasonably related to a pending or potential proceeding before a

tribunal in this or another jurisdiction if the lawyer, or a person the lawyer is
assisting is authorized by law or order to appear in such proceeding or
reasonably expects to be so authorized; (The pro hac vice provision; for this occasion)
MR 5.5(c)- Safe harbors
A lawyer admitted in another US jurisdiction and not disbarred or suspended
from practice in any jurisdiction may provide legal services on a temporary basis
in this jurisdiction that:

(3)are in or reasonably related to a pending or potential arbitration,

mediation or other alternative dispute resolution proceeding in this or
another jurisdiction, if the services arise out of or are reasonably related to
the lawyer’s practice in a jurisdiction in which the lawyer is admitted
practice and are not services for which the forum requires pro hac vice
admission; (The ADR provision)
(4) are not within paragraphs c(2) or c(3) and arise out of or are reasonably
related to the lawyer’s practice in a jurisdiction in which the lawyer is
admitted to practice. (The transactional lawyer provision)

MR 5.5(d)-The in-house counsel provision

(d) A lawyer admitted in another US jurisdiction or in a foreign jurisdiction, and not
disbarred or suspended from practice in any jurisdiction or the equivalent thereof,
may provide legal services through an office or other systematic and continuous
presence in this jurisdiction that:
(1) are provided to the lawyer’s employer or its organizational affiliates; are not
services for which the forum requires pro hac vice admission; and when
performed by a foreign lawyer and requires advice on the law of this or another
jurisdiction or of the United States, such advice shall be based upon the advice of
a lawyer who is duly licensed and authorized by the jurisdiction to provide such
advice; or
(2) are services that the lawyer is authorized by federal law or other law or rule to
provide in this jurisdiction
MR 5.5(e) the foreign lawyer provision

5.5(e) For purposes of paragraph (d), the foreign lawyer must be a member in good
standing of a recognized legal profession in a foreign jurisdiction, the members of
which are admitted to practice as lawyers or counselors at law or the equivalent, and
are subject to effective regulation and discipline by a duly constituted professional
body or public authority
MR 5.5(b) -No systematic or continuous presence
MR 5.5 (b)
A lawyer who is not admitted to practice in this jurisdiction shall not
(1) except as authorized by these Rules or other law, establish a systematic and
continuous presence in this jurisdiction for the practice of law; or
(2) hold out to the public or otherwise represent that the lawyer is admitted to
practice in this jurisdiction

Examples
Lawyer A in-house counsel. Advices N.Y. corporation on credit issues for their
nationwide operation. Ca, Nev, Il, Mich., Tex. If she travels to those states to give
legal advice, is it unauthorized practice of law?No, because of client.
Lawyer B licensed in Fla. Works for DEF corp. Responsible for developing European
and Asian properties as resorts. He engages in overseas negotiations of land
acquisitions, building construction, joint ventures with local entities that manage
resort properties and none of his work involves interpretation of US law. Lawyer
moves from Fla to NY. Should he have to take bar exam? Inhouse rule only if only
doing DEF corp but if systematic, get bar.
Lawyer C. Licensed in NY. In-house counsel. Travels to Michigan to attend meeting
at office of one of its corporations divisions and advises managers in compliance with
Michigan state law and federal environmental regulations. UPL? No. Are you
competent to advise manager in compliance in Michigan state law??!!
Lawyer licensed to practice in New York and he comes every winter to Florida.
Systematic and continuous presence in a state. Florida for the purposes of New York
Law.

A client regularly negotiating in another state- should be temporary or could

associate, or transactional part of the exception, related to home jurisdiction but more
jurisdictions are more strict than others.

Rule 8.5 Disciplinary Authority: Choice of law

8.5(a)Disciplinary Authority
Subject to disciplinary authority of jurisdiction where you are licensed.
Subject to disciplinary authority of jurisdiction if provide legal services in this
jurisdiction.
May be subject to disciplinary authority of more than one jurisdiction for the same
conduct

8.5(b)Choice of law
 Generally speaking if matter before tribunal-subject to rules that jurisdiction
unless rules of tribunal provide otherwise
For other conduct-jurisdiction in which conduct occurred unless predominant
effect of conduct in another jurisdiction
Ethical Issues and Supervision

What are the Model Rules?

Series 5- Law Firms and Associations

Rule 5.1: Responsibilities of Partners, Managers and Supervisory Lawyers

Rule 5.2 : Responsibilities of a Subordinate Lawyer

Rule 5.3: Responsibilities Regarding Nonlawyer Assistants

Rule 5.1 for Supervisory Lawyers
“A lawyer who possesses managerial authority in a law firm, shall make reasonable
efforts to ensure the firm has in effect measures giving reasonable assurance that all
lawyers conform conduct to RPC.”
Rule 5.1-When is Supervisor Responsible for Subordinates Violations?
If:

Lawyer orders or ratifies the conduct involved

Lawyer knows of conduct when could be stopped or mitigated and fails to take
reasonable remedial measures.
Rule 5.2 -Subordinates
Following orders is no excuse
Rule 5.3 Nonlawyer Assistants
Each partner or supervisor shall ensure that the firm ahs in effect measures assuring
the nonlawyer’s conduct conforms to the lawyer’s professional obligations.

Rule 5.3-When is a Lawyer Responsible for Nonlawyer’s Violations?

If:

Lawyer orders or ratifies the conduct involved

Lawyer knows of conduct when could be stopped or mitigated and fails to take
reasonable remedial measures.

Supervision and Realities of alternative legal service providers to corporate clients

During the last 5 years various innovative legal services models have been established
MDP firm (Clearspire); VLP (Virtual Law Partners); Axiom Law (insourcing and
outsourcing); Vista Law (global network of lawfirms)
Based on concept of unbundling of legal services
Issue of training and supervision of lawyers and nonlawyers does not change
Different business model but same ethical issues
Does client control or does legal service model?
Duty To Report
Professional Misconduct
That enforced that often
Lawyers Shall Report to appropriate professional authority
knowledge not otherwise protected as confidence (or gained while Lawyer
participating in LAP program) where another lawyer has:
Committed a violation of the RPC that raises a substantial question as to L’s honesty,
trustworthiness or fitness as a lawyer in other respects
What is knowledge
Objective standard
Would reasonable lawyer in circumstances have opinion that conduct more likely not
occurred
More than “mere suspicion less than absolutely certainty” (Il. Skolnick v. Althemier
and Gray)

Failure to Report
Under Rule can result in lawyer being subject to discipline

In reality, relatively few cases where lawyer subject to discipline for not reporting

However, possibility exists

Most states do require Report
of serious misconduct that is not confidential

Georgia- Permissive reporting, failure to report not result in discipline

Washington state-lawyers not required to report misconduct of other lawyers or
judges

 Advertising, Solicitation, Etc.

o Legal ethics

 A brief overview of lawyer advertising

o What you can see on You Tube

o http://www.youtube.com/watch?v=YPre9A50gbo
o The Best or Worst Lawyer Commercial Ever
 o http://www.slate.com/blogs/the_slatest/2014/03/06/daniel_muessig_video_t
his_is_either_the_best_or_worst_lawyer_commerical.html
o More You Tube
o http://www.youtube.com/watch?v=ZG6PjrdvX8s

 RPC 7.1
Communications Concerning Lawyer’s Services
 Can’t be false
 Can’t be misleading
 Can’t contain material misrepresentation
 Truthful statements can also be misleading if omit facts necessary to make statement as a
whole not misleading
 RPC 7.2 Advertising

 Subject to 7.1 and 7.3 may advertise through written, recorded or electronic
communication, including public media
 Advertising through electronic media is also governed by the Rules. See Rule 7.2
Comment 3
 Can’t give anything of value to person for recommending lawyers’ services
 Advertisements must have name of at least one lawyer responsible for content
 Advertising in Other Countries
Common Themes
 “Dignity”

 Not defamatory

 No client identification

 Factually correct


 In the Matter of Svitlana E. Sangary

 (California)

 In re Edward R. Reines, 14-MA004(14-4)

 (Fed. Cir. Nov. 5, 2014)
 RPC 7.3
Direct Contact with Prospective Clients
 When motive is financial, can’t solicit through in-person, phone or real-time
electronic contact unless it is family, another lawyer or prior professional relationship
 Even if contact is not prohibited by Rule lawyer, can’t contact directly if knows person
does not want to be contacted of if contact involves coercion, duress or harassment
 Why?

 Your thoughts?
Hypothetical 1
 Tweetum, Login and Blog (TLB) is an Illinois law firm that decided to use some new
marketing techniques. TLB wanted to develop their estate practice. They used Groupon
to offer a will and power of attorney for $99. Groupon gets paid a percentage of the
amount earned by the advertiser.

 Concerns?
 Groupon
 Indiana State Bar, Legal Ethics Com Opinion 1, 2012
 New York State, Committee Professional Ethics No. 897, 12/ 13/11

 Use of third party company that brokers discounted services to online customers
 Rule 5.4 concerns
 False or misleading?
 Forming attorney-client relationship before lawyer has checked for conflicts or
determined he or she is competent?
 Your thoughts?
Hypothetical 2
 TLB has a website. The website reads as follows:
 TLB has over 100 years of experience specializing in divorce, and estate planning. Five
of the fifteen lawyers at our firm are superlawyers. Our initial consultations are free.
Our fees for divorces are $1,000 and our clients include:
 Derrin Derose
 Liz Tailor
 Warren Wuffet

o Concerns?

 Super Duper Lawyers

 Best practices
 No false or misleading advertising
 Ask: Is publication independent?
 Ask: Is rating conditioned upon buying something?
 Can consumer easily locate the standards for the selection of the attorneys?
 Include year(s) listed in ads
 Hypothetical 3
  You decide to advertise your legal services on Facebook. In order to draw more potential
clients to your Facebook page, you decide to run a promotion. You will enter anyone
who “likes” your Facebook page into a drawing for a free I-Pad.

 Concerns?
 Hypothetical 4
 You have a former client who was very happy with your exceptional legal services. You
ask the former client to go on Linked In and endorse your services, like your Facebook
page and tell all his friends about you.

 The former client agrees and offers to send you new business if you will give the former
client $25 for each new client he brings to you.
 Concerns?
 Hypothetical 5
 What if the former client is a business consultant and you practice business law. Can you
form a partnership with the former client to offer “comprehensive services” to clients?
 Professional Obligations
 M.R. 6.1 and 6.2
Voluntary Pro Bono and Accepting Appointments
 Rules more aspirational than for disciplinary purposes
 Vary state to state
 6.1 says every lawyer has professional responsibility to provide legal services to those
unable to pay (50 hours)

 6.2 shall not seek to avoid court appointments except if representation likely to violate
Rules, cause unreasonable financial harm or cause is repugnant to lawyer so lawyer
can’t adequately represent client
ELLM: Cross Border Practices, Model
Rule 5.5, Associations of Lawyers

 UPL=Unauthorized or Unlawful Practice of Law

 Regulated jurisdiction by jurisdiction by:

legislation,
court rules,
statutes (civil and criminal), and
court opinions regarding UPL

 Prohibition against the practice of law by persons with no license at all or lawyers
licensed in other states.

Non-lawyers Cannot Generally Practice Law

Violates criminal statutes

Lawyers cannot assist non-lawyers in the unauthorized practice (5.5)

 Lawyers cannot form partnerships with non-lawyers if involves practice of law (5.4)

Lawyers cannot share legal fees with non-lawyers (1.5)

Ex. Notary Public

 Civil vs. Common law countries

 In civil law countries Notaries represent a separate branch of the legal

professions

 In common law countries a notary has limited powers, such as administration

of oaths to person who sign sworn documents

 Huge problem with UPL by “Notarials” in the United States due to

misunderstanding of foreign nationals of their role in the legal system here

Multijurisdictional Practice of Law- MJP

Legal work by a lawyer in more than one jurisdiction, including a jurisdiction where
not admitted to practice law

Why do you care?

Modern times…

United States’ Historical Context

State regulation of practice of law arises out of concept that states have interest in
protecting its residents and justice system and establish requirements that its lawyers
have requisite competence and fitness to practice law
In late nineties, traditional lawyer regulation practices came under particular scrutiny
in part based on two cases:
Birbrower , 949 P. 2 (1998) (Ca case) (Lawyer not licensed in Ca. but in NY,
violated Ca’s misdemeanor UPL provision when assisted Ca. corporation in
arbitration under Ca. law and were barred from recovering fees under fee
agreement for legal services for work done while physically or virtually present
in Ca.
 Parsons, 179 F. 3d 956 (1999)(Selling of software forms for legal documents by Ca.
corp in Tex was UPL because aided nonlawyers in practice law even though there
were disclaimers.)

MR Rule 5.5 UPL; MJP

5.5(a) Lawyer shall not practice law in jurisdiction in violation of the regulation of the
legal profession in that jurisdiction or assist another in doing so
California Rule 5.5
Rule 5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law
(b) A lawyer admitted to practice law in California shall not:
(1) practice law in a jurisdiction where to do so would be in violation of
regulations of the profession in that jurisdiction; or
(2) knowingly* assist a person* in the unauthorized practice of law in that jurisdiction.
(b) A lawyer who is not admitted to practice law in California shall not:
(1) except as authorized by these rules or other law, establish or maintain a resident
office or other systematic or continuous presence in California for the practice of law;
or
(2) hold out to the public or otherwise represent that the lawyer is admitted to practice
law in California.

MR 5.5(c)- Safe harbors

A lawyer admitted in another US jurisdiction and not disbarred or suspended from
practice in any jurisdiction may provide legal services on a temporary basis in this
jurisdiction that:

(1) are undertaken in association with a lawyer admitted to practice in this

jurisdiction and who actively participates in the matter; (The Local counsel
provision);

(2) are in or reasonably related to a pending or potential proceeding before a

tribunal in this or another jurisdiction if the lawyer, or a person the lawyer is
assisting is authorized by law or order to appear in such proceeding or
reasonably expects to be so authorized; (The pro hac vice provision; for this occasion)
MR 5.5(c)- Safe harbors
A lawyer admitted in another US jurisdiction and not disbarred or suspended
from practice in any jurisdiction may provide legal services on a temporary basis
in this jurisdiction that:

(3)are in or reasonably related to a pending or potential arbitration,

mediation or other alternative dispute resolution proceeding in this or
another jurisdiction, if the services arise out of or are reasonably related to
 the lawyer’s practice in a jurisdiction in which the lawyer is admitted
practice and are not services for which the forum requires pro hac vice
admission; (The ADR provision)
(4) are not within paragraphs c(2) or c(3) and arise out of or are reasonably
related to the lawyer’s practice in a jurisdiction in which the lawyer is
admitted to practice. (The transactional lawyer provision)

MR 5.5(d)-The in-house counsel provision

(d) A lawyer admitted in another US jurisdiction or in a foreign jurisdiction, and not
disbarred or suspended from practice in any jurisdiction or the equivalent thereof,
may provide legal services through an office or other systematic and continuous
presence in this jurisdiction that:
(1) are provided to the lawyer’s employer or its organizational affiliates; are not
services for which the forum requires pro hac vice admission; and when
performed by a foreign lawyer and requires advice on the law of this or another
jurisdiction or of the United States, such advice shall be based upon the advice of
a lawyer who is duly licensed and authorized by the jurisdiction to provide such
advice; or
(2) are services that the lawyer is authorized by federal law or other law or rule to
provide in this jurisdiction
MR 5.5(e) the foreign lawyer provision

5.5(e) For purposes of paragraph (d), the foreign lawyer must be a member in good
standing of a recognized legal profession in a foreign jurisdiction, the members of
which are admitted to practice as lawyers or counselors at law or the equivalent, and
are subject to effective regulation and discipline by a duly constituted professional
body or public authority
MR 5.5(b) -No systematic or continuous presence
MR 5.5 (b)
A lawyer who is not admitted to practice in this jurisdiction shall not
(1) except as authorized by these Rules or other law, establish a systematic and
continuous presence in this jurisdiction for the practice of law; or
(2) hold out to the public or otherwise represent that the lawyer is admitted to
practice in this jurisdiction

Examples
Lawyer A in-house counsel. Advices N.Y. corporation on credit issues for their
nationwide operation. Ca, Nev, Il, Mich., Tex. If she travels to those states to give
legal advice, is it unauthorized practice of law?No, because of client.
Lawyer B licensed in Fla. Works for DEF corp. Responsible for developing European
and Asian properties as resorts. He engages in overseas negotiations of land
acquisitions, building construction, joint ventures with local entities that manage
resort properties and none of his work involves interpretation of US law. Lawyer
moves from Fla to NY. Should he have to take bar exam? Inhouse rule only if only
doing DEF corp but if systematic, get bar.
Lawyer C. Licensed in NY. In-house counsel. Travels to Michigan to attend meeting
at office of one of its corporations divisions and advises managers in compliance with
Michigan state law and federal environmental regulations. UPL? No. Are you
competent to advise manager in compliance in Michigan state law??!!
Lawyer licensed to practice in New York and he comes every winter to Florida.
Systematic and continuous presence in a state. Florida for the purposes of New York
Law.

A client regularly negotiating in another state- should be temporary or could

associate, or transactional part of the exception, related to home jurisdiction but more
jurisdictions are more strict than others.

Rule 8.5 Disciplinary Authority: Choice of law

8.5(a)Disciplinary Authority
Subject to disciplinary authority of jurisdiction where you are licensed.
Subject to disciplinary authority of jurisdiction if provide legal services in this
jurisdiction.
May be subject to disciplinary authority of more than one jurisdiction for the same
conduct

8.5(b)Choice of law
Generally speaking if matter before tribunal-subject to rules that jurisdiction
unless rules of tribunal provide otherwise
For other conduct-jurisdiction in which conduct occurred unless predominant
effect of conduct in another jurisdiction
Ethical Issues and Supervision

What are the Model Rules?

Series 5- Law Firms and Associations

Rule 5.1: Responsibilities of Partners, Managers and Supervisory Lawyers

Rule 5.2 : Responsibilities of a Subordinate Lawyer

Rule 5.3: Responsibilities Regarding Nonlawyer Assistants

Rule 5.1 for Supervisory Lawyers
“A lawyer who possesses managerial authority in a law firm, shall make reasonable
efforts to ensure the firm has in effect measures giving reasonable assurance that all
lawyers conform conduct to RPC.”
 Rule 5.1-When is Supervisor Responsible for Subordinates Violations?
If:

Lawyer orders or ratifies the conduct involved

Lawyer knows of conduct when could be stopped or mitigated and fails to take
reasonable remedial measures.
Rule 5.2 -Subordinates
Following orders is no excuse
Rule 5.3 Nonlawyer Assistants
Each partner or supervisor shall ensure that the firm ahs in effect measures assuring
the nonlawyer’s conduct conforms to the lawyer’s professional obligations.

Rule 5.3-When is a Lawyer Responsible for Nonlawyer’s Violations?

If:

Lawyer orders or ratifies the conduct involved

Lawyer knows of conduct when could be stopped or mitigated and fails to take
reasonable remedial measures.

Supervision and Realities of alternative legal service providers to corporate clients

During the last 5 years various innovative legal services models have been established
MDP firm (Clearspire); VLP (Virtual Law Partners); Axiom Law (insourcing and
outsourcing); Vista Law (global network of lawfirms)
Based on concept of unbundling of legal services
Issue of training and supervision of lawyers and nonlawyers does not change
Different business model but same ethical issues
Does client control or does legal service model?
Duty To Report
Professional Misconduct
That enforced that often
Lawyers Shall Report to appropriate professional authority
knowledge not otherwise protected as confidence (or gained while Lawyer
participating in LAP program) where another lawyer has:
Committed a violation of the RPC that raises a substantial question as to L’s honesty,
trustworthiness or fitness as a lawyer in other respects
What is knowledge
Objective standard
Would reasonable lawyer in circumstances have opinion that conduct more likely not
occurred
More than “mere suspicion less than absolutely certainty” (Il. Skolnick v. Althemier
and Gray)

Failure to Report
Under Rule can result in lawyer being subject to discipline

In reality, relatively few cases where lawyer subject to discipline for not reporting

However, possibility exists

Most states do require Report
of serious misconduct that is not confidential

Georgia- Permissive reporting, failure to report not result in discipline

Washington state-lawyers not required to report misconduct of other lawyers or
judges

 Advertising, Solicitation, Etc.

o Legal ethics

 A brief overview of lawyer advertising

o What you can see on You Tube

o http://www.youtube.com/watch?v=YPre9A50gbo
o The Best or Worst Lawyer Commercial Ever
o http://www.slate.com/blogs/the_slatest/2014/03/06/daniel_muessig_video_t
his_is_either_the_best_or_worst_lawyer_commerical.html
o More You Tube
o http://www.youtube.com/watch?v=ZG6PjrdvX8s

 RPC 7.1
Communications Concerning Lawyer’s Services
 Can’t be false
 Can’t be misleading
 Can’t contain material misrepresentation
 Truthful statements can also be misleading if omit facts necessary to make statement as a
whole not misleading
 RPC 7.2 Advertising

 Subject to 7.1 and 7.3 may advertise through written, recorded or electronic
communication, including public media
 Advertising through electronic media is also governed by the Rules. See Rule 7.2
Comment 3
 Can’t give anything of value to person for recommending lawyers’ services
 Advertisements must have name of at least one lawyer responsible for content
 Advertising in Other Countries
Common Themes
 “Dignity”

 Not defamatory

 No client identification

 Factually correct


 In the Matter of Svitlana E. Sangary

 (California)

 In re Edward R. Reines, 14-MA004(14-4)

 (Fed. Cir. Nov. 5, 2014)
 RPC 7.3
Direct Contact with Prospective Clients
 When motive is financial, can’t solicit through in-person, phone or real-time
electronic contact unless it is family, another lawyer or prior professional relationship
 Even if contact is not prohibited by Rule lawyer, can’t contact directly if knows person
does not want to be contacted of if contact involves coercion, duress or harassment
 Why?

 Your thoughts?
Hypothetical 1
 Tweetum, Login and Blog (TLB) is an Illinois law firm that decided to use some new
marketing techniques. TLB wanted to develop their estate practice. They used Groupon
to offer a will and power of attorney for $99. Groupon gets paid a percentage of the
amount earned by the advertiser.

 Concerns?
 Groupon
 Indiana State Bar, Legal Ethics Com Opinion 1, 2012
 New York State, Committee Professional Ethics No. 897, 12/ 13/11

 Use of third party company that brokers discounted services to online customers
 Rule 5.4 concerns
 False or misleading?
 Forming attorney-client relationship before lawyer has checked for conflicts or
determined he or she is competent?
 Your thoughts?
Hypothetical 2
 TLB has a website. The website reads as follows:
 TLB has over 100 years of experience specializing in divorce, and estate planning. Five
of the fifteen lawyers at our firm are superlawyers. Our initial consultations are free.
Our fees for divorces are $1,000 and our clients include:
 Derrin Derose
 Liz Tailor
 Warren Wuffet

o Concerns?

 Super Duper Lawyers

 Best practices
 No false or misleading advertising
 Ask: Is publication independent?
 Ask: Is rating conditioned upon buying something?
 Can consumer easily locate the standards for the selection of the attorneys?
 Include year(s) listed in ads
 Hypothetical 3
 You decide to advertise your legal services on Facebook. In order to draw more potential
clients to your Facebook page, you decide to run a promotion. You will enter anyone
who “likes” your Facebook page into a drawing for a free I-Pad.

 Concerns?
 Hypothetical 4
 You have a former client who was very happy with your exceptional legal services. You
ask the former client to go on Linked In and endorse your services, like your Facebook
page and tell all his friends about you.

 The former client agrees and offers to send you new business if you will give the former
client $25 for each new client he brings to you.
 Concerns?
 Hypothetical 5
 What if the former client is a business consultant and you practice business law. Can you
form a partnership with the former client to offer “comprehensive services” to clients?
 Professional Obligations
 M.R. 6.1 and 6.2
Voluntary Pro Bono and Accepting Appointments
 Rules more aspirational than for disciplinary purposes
 Vary state to state
 6.1 says every lawyer has professional responsibility to provide legal services to those
unable to pay (50 hours)

 6.2 shall not seek to avoid court appointments except if representation likely to violate
Rules, cause unreasonable financial harm or cause is repugnant to lawyer so lawyer
can’t adequately represent client