Advertising and Solicitationand

Fair Fees and Clients’ Trusts

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Advertising and SolicitationA tension between

The need for legal services but the lack of ability to pay for it

The inability to know when legal representation is needed

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Advertising and SolicitationThe legal profession is obligated to find ways

to resolve these issuesCost of legal services

Legal services corporations Pro bono legal services Holding down expenses

Knowing when to call a lawyer Public education Lawyer advertising

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Advertising and SolicitationA third issue is the person/entity who needs

representation but who is or whose case is unpopular

Everyone is entitled to representation

Appointed cases

Does money solve the problem?

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Advertising and SolicitationAdvertising

To get clientsTo educate people about legal rightsFree speech rights

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Advertising and SolicitationProblems of lawyer advertising

Misrepresentation of lawyer’s abilities

Misrepresentation of what client rights are

Misrepresentation of what the lawyer can do in the specific case

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Advertising and SolicitationProblems with lawyer advertising

Testimonials

Actors instead of lawyers

Inappropriate approaches

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Advertising and SolicitationOther forms of advertising

Mail – not public solicitation so some of the protections are not in place.

Personal solicitation – generally not allowed

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Advertising and SolicitationParalegal advertising

To the public – no

To lawyers - yes

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Advertising and SolicitationReferral fees

To non-lawyers – generally no

To other lawyers – fee splitting – generally yes, with client’s approval

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Advertising and SolicitationInternet adverting

Similar to other rules

Law firm/lawyer website – is it any difference from Yellow Page advertising?

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Fair Fees and Client TrustsFee agreements:

Hourly fee arrangements – how much?

Contingency fee arrangements – what percentage? How is it calculated?

Flat rates – routine cases/set by law

Expenses?12

Fair Fees and Client TrustsOther sources of fees

US law generally does not allow the prevailing party to recover attorneys’ fees from the losing side – exceptions:

Written contracts

Specific laws

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Fair Fees and Client TrustsHourly billing

How is it done?

What can be billed for?

Whose hours are included? What rates?

What’s the process?

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Fair Fees and Client TrustsValue billing

Hourly rate

Bonus for good work/good results

How are good work/good results determined and how is an amount assigned?

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Fair Fees and Client TrustsRetainers

One time or periodic?

What does a retainer “buy”?

Refund of retainers?

Retainer or advanced payment of fees?

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Fair Fees and Client TrustsClient trust accounts

Funds belong to client

Held by lawyer under certain conditions

IOLTA accounts – whose interest is it?

Segregated from office account

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Fair Fees and Client TrustsCollecting fees

Can a lawyer sue a client for fees?

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Fair Fees and Client TrustsOther issues

Who does a client’s file belong too?

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Fair Fees and Client TrustsPro bono legal services

Lawyers’ obligation

What kinds of services

Balancing the obligation to render pro bono services and obligations to paying clients.

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