Professional Documents
Culture Documents
Source of Law.
With special thanks to Yumi Nam of Idell & Seitel, LLP for preparing the materials for this presentation.
State Adoption of the ABA Model Rules of Professional Conduct
http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/
alpha_list_state_adopting_model_rules.html (last accessed 9/18/2012).
2
Mississippi (2/18/87)
Missouri (8/7/85)
Montana (6/6/85)
Nebraska (6/8/05)
Nevada (1/26/86)
New Hampshire (1/16/86)
New Jersey (7/12/84)
New Mexico (6/26/86)
New York (12/16/08)
North Carolina (10/7/85)
North Dakota (5/6/87)
Ohio (8/1/06)
Oklahoma (3/10/88)
Oregon (1/1/05)
Pennsylvania (10/16/87)
Rhode Island (11/1/88)
South Carolina (1/9/90)
South Dakota (12/15/87)
Tennessee (8/27/02)
Texas (6/20/89)
Utah (3/20/87)
Vermont (3/9/99)
Virgin Islands (1/28/91)
Virginia (1/25/99)
Washington (7/25/85)
West Virginia (6/30/88)
Wisconsin (6/10/87)
Wyoming (11/7/86)
For the purposes of this presentation, the Model Rules will be applied, with some notes
from official opinions by the bar organizations of particular states. The Model Rules can be
accessed at
http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_pro
fessional_conduct/model_rules_of_professional_conduct_table_of_contents.html.
II.
Business cards fall under the purview of Model Rules 7.1 and 7.2 as a card is a
communication subject to State scrutiny.
Model Rule 7.1 Communications Concerning A Lawyers Services
A lawyer shall not make a false or misleading communication about the lawyer or
the lawyers services. A communication is false or misleading if it contains a
material misrepresentation of fact or law, or omits a fact necessary to make the
statement considered as a whole not materially misleading.
(c)
Subject to the requirements of Rules 7.1 and 7.3, a lawyer may advertise
services through written, recorded or electronic communication, including
public media.
A lawyer shall not give anything of value to a person for recommending
the lawyers services except that a lawyer may
(1)
pay the reasonable costs of advertisements or communications
permitted by this Rule;
(2)
pay the usual charges of a legal service plan or a not-for-profit or
qualified lawyer referral service. A qualified lawyer referral
service is a lawyer referral service that has been approved by an
appropriate regulatory authority;
(3)
pay for a law practice in accordance with Rule 1.17; and
(4)
refer clients to another lawyer or a nonlawyer professional
pursuant to an agreement not otherwise prohibited under these
Rules that provides for the other person to refer clients or
customers to the lawyer, if
(i)
the reciprocal referral agreement is not exclusive, and
(ii)
the client is informed of the existence and nature of the
agreement.
Any communication made pursuant to this rule shall include the name and
office address of at least one lawyer or law firm responsible for its content.
Content Issues.
Example:
Front
Adam T. Reposa, Esq.
Lawyer/Winner
MOST DWI ACQUITTALSBY FAR
SOME LAWYERS CHARGE BIG FEESBUT THEY NEVER WIN!!
6 NOT GUILTY VERDICTS IN JAN/FEB 09; 10 IN 2008; 30+ IN 5 YEARS
BREATH TEST NOT GUILTYS; BLOOD TEST,
FELONY DWI TRIALS 2 NOT GUILTY S IN 2008UNEARD OF!
(512) 476-0444 WWW.DWINWINS.COM
607 W. 9 TH ST, AUSTIN, TX 78701
Back
DONT BE A FOOL!
Many people hire a lawyer on a friends recommendation or because
they received a letter or saw a lighter
Dont be a fool, hire a winner!
Before hiring a lawyer ask how many acquittals theyve won for their
clients this year/last yearzero? Dont hire a zero! Ask if they can do
a better job than Adam Reposa and if so, how is that? Anyone who says
they can is lying.
A.
(b)
(c)
(d)
Attorneys Name.
Generally, an attorney should use the name he or she used for licensure.
However, New York accepts the use of a first name different from the one the attorney
listed on the Official Roll of Attorneys, such as an accurate English translation of the first
name or a nickname the attorney is commonly known by, so long as the name is not
misleading as to the lawyers identity.3
C.
If operating a firm with virtual offices, the business card must indicate that the virtual
office can be accessed only by appointment.
According to New Jerseys Bar:
A virtual office location is not a place where a client can meet with the attorney
unannounced. An attorney is not routinely found at a virtual office location and
would need to make arrangements to reserve the space. Accordingly, while
virtual office locations may be listed on attorney or law firm letterhead,
websites, or other advertisements, the communication must state that the location
3
New York State Bar Association Committee on Professional Ethics Opinoin 872 (6/3/11).
is by appointment only.4
Virginias Bar held similarly that the business card must accurately represent or
list the virtual office as a client meeting location to not mislead clients and potential
clients as to the actual location of the lawyers offices.5
D.
Relationship to Firm.
Jurisdiction.
If the attorney is not licensed to practice law in the state where the firms office is
located, then it must be disclosed that the attorney is admitted to practice elsewhere.
In New York, the governing principle is that the principal office address on the
letterhead implies that each attorney whose name is shown on the letterhead has been
admitted to practice in the jurisdiction in which that address is located. If the implication
is untrue, then it should be clarified with language sufficient to the task in order to avoid
misleading the reader.
F.
Slogans.
New Jerseys Advisory Committee on Professional Ethics and Committee on Attorney Advertising, March 25,
2010 (http://www.judiciary.state.nj.us/notices/2010/n100326a.pdf).
5
Virginia State Bar Ex. Rel. Second District Committee v. Atchuthan Sriskandarajah, Case No. CL 2012-4137
(VSB Docket No. 10-022-081527), June 18, 2012.
subject area, but have requirements about using them, ranging from additional disclosures
to certification of the organization by the American Bar Association. For example:
Alabama: Indicating one is a certified arbitrator by the American Arbitration
Association does not violate Rules 7.1 and 7.7 because an arbitrator is a nonlawyer, and such designations may be placed on the business card.
New York: Prohibited for an attorney to indicate on business card or letterhead
that he was a member of the legislature, that he was a judge or former justice of
the peace, that he was formerly counsel in any capacity to any federal, state or
municipal body or organization, or that he was also a doctor, C.P.A. or engineer.
Virginia: Lawyer disciplined for indicating on card that he was a retired judge.
The bar thought it implied an ability to influence a tribunal.
Florida: A lawyer may indicate that he is a retired Navy Judge Advocate by
placing CDR, JAGC, USNR (Ret.) on his letterhead and business cards. Pa.
Eth. Op. 94-10 (1994).
H.
Dual Practitioners.
and to keep the other occupation from being used as a cloak for improper
solicitation or from being deliberately used as a direct or indirect feeder of
legal work. If the second business is one in which advertising and
promotion are permitted, no material used in connection with the second
business may disclose the fact that a participant is a lawyer, and the
business should be conducted on premises sufficiently separate from . . .
the law practice to avoid having the clients or customers of the business
gain the impression that the two are related . . . the lawyer should not
accept as a legal client for matters originating through the other
occupation, a person whose initial contact with him as a client or customer
of such other occupation, unless the lawyer-client relationship clearly
developed entirely on the initiative of the client without solicitation on the
part of the lawyer and was not dependent upon the lawyers participation
in the other occupation.
I.
Non-lawyers.
All business cards for a firms non-lawyers must indicate their non-attorney
capacity.
IV.
Alabama: (Rule 7.6) A lawyer shall not cause or permit a business card of a nonlawyer
which contains the lawyers or firms name to contain a false or misleading statement or
omission to the effect that the nonlawyer is a lawyer. The title of Legal Assistant is
appropriate where the individual is employed in that capacity by a lawyer or law firm,
that the lawyer or law firm supervises and is responsible for the law related tasks
assigned to and performed by such individual, and that the lawyer or law firm has
authorized the use of such cards.
New Jersey: Degree designations (i.e. J.D.) for non-practicing lawyers are appropriate on
business cards.
Distribution Issues.
Distributing ones business card is subject to the ethical requirements for solicitation.
(b)
(c)
(d)
that make the distribution of business cards electronic (where unlimited copies of the
business card are available). See for example BUMP by Bump Technologies, Inc. and
the vCard (available on most e-mail clients).
Screenshot of BUMP from iTunes App Store:
V.
Summary.
A.
outcomes, etc.) without a disclaimer that (a) puts the case results in a
context that is not misleading; (b) states that the case results depend upon
a variety of factors unique to each case; and (c) further states that case
results do not guarantee or predict a similar result in any future case
undertaken by the lawyer. (7.1(a)(4)).
Contains any misleading fee information.
Contains an endorsement by a celebrity or a public figure, who is not a client of
the firm, without disclosing that the speaker is not either a member of the firm nor
a client of the firm and does not indicate the speaker is being paid for the
appearance or endorsement. (7.1(a)(2)).
Contains a corporate, trade or fictitious name, that is not a registered trade name,
and the lawyer does not actually practice under the same name, including
displaying that name on letterhead, business cards, office signs, pleadings and
other firm documents. (7.5).
B.
Be sure to communicate to the recipient of your business card the nature of your
relationship.
You can freely distribute your card to lawyers or members of your family or
closer, personal or prior professional group.
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