8.1 Advertising and Solicitation

READ:the California State Bar Court case In the Matter of Scapaand Brown Links to an external site.concerning two attorneys who went beyond advertising into solicitation.

REFLECT:on this week's lectures on solicitation and the facts presented in this case.

RESEARCH:and locatean article onthe difference between advertising and solicitation in California[note that California rules and regulations on advertising and solicitation differ from the ABA Model rules that other states follow].

Be sure that the article you choose can be accessed by other students without having to sign up for an account to that website. If necessary, you can copy the article as a PDF and attach it. Do not cite an article that another student has already used.

RESPOND:to these questions:

1. What California Rules of Professional Conduct and/or Business & Professions regulations did the two attorneys breach?

2. What steps could the attorneys have taken to grow their business in the second location without breaking ethics rules and regulations?

3. Provide an active link to the article you located, and discuss its relevance to this week's discussion topic.

NOTE: Your initial response to this discussion is due by 11:59pm on Thursday.

You can earn one extra point by posting your initial response before Thursday.

Your response to posts from other students is due by 11:59pm on Sunday.

Respond first to one other student that no one else has responded to, comparing and contrasting the information you located with the information the other student provided. Then respond to the posts of at least one other student.

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12pt

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PLEASE BE PRECISE, USING RULES OF PROFESSIONA LBUSINESS CODE like Rule 1-120 Assisting, Soliciting, or Inducing Violations - A member shall not knowingly assist in, solicit, or induce any violation of these rules or the State Bar Act.

• Rule 1-300 Unauthorized Practice of Law

- (A) A member shall not aid any person or entity in the unauthorized practice of law.

- (B) A member shall not practice law in a jurisdiction where to do so would be in violation of regulations of the profession in that jurisdiction.

• Rule 1-310 Forming a Partnership With a NonLawyer