Question
Hi there according to the ABA Rules, could you help me with the following problems by applying the rules to each section? Empathizing on those
Hi there according to the ABA Rules, could you help me with the following problems by applying the rules to each section?
Empathizing on those Rules:
https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents/
Rule 7.1: Communications Concerning a Lawyer's Services
Rule 7.2: Communications Concerning a Lawyer's Services: Specific Rules
Rule 1.6: Confidentiality of Information
B. Problem
The law firm of Garcia, Weir, and Lesh decides to open a chain of "legal clinics" called "Counselors In Action" (C.I.A.), in the five largest regional markets in the
state. They plan to charge lower fees for most routine services. Garcia, Weir & Lesh believe that if they can capture market volume, they will be able to make more profit than if they operated as a more conventional law firm. Moreover, they think that by bringing clients in for these simple services, they may be able to develop a more lucrative personal injury practice. While most of C.I.A.'s staff attorneys are from local law schools, Garcia and Weir attended Harvard, while Lesh attended Stanford. Garcia, Weir. and Lesh all have had considerable success as trial lawyers over the years. The C.I.A. staff attorneys, however, are largely inexperienced.
Problem I
C.I.A. decides to advertise. It hires an advertising and public relations firm to help promote business. The agency proposes the following print ad copy that will also appear on the firm's website: a. "Counselors In Action employs among the most qualified lawyers in town. Many of our lawyers attended the most prestigious law schools and have won many large trials and settlements. You can count on Counselors In Action to win." b. "Here's what Counselors In Action's senior trial lawyers have accom- plished: Garcia has won his last twelve trials; Weir is a past recipient of the Trial Lawyer Network's 'Advocate of the Year' award; and each of Lesh's last six jury successes has been in the high six figures." c. "In personal injury cases, you pay nothing except a portion of the award you recover. No recovery means no fee. And you will get the personal, pro- fessional, top-flight service you should expect." Are these advertisements appropriate? Do they meet ethical requirements? Can the firm use this trade name or call itself a "legal clinic"?
Problem II.
The ad agency suggests the firm hire actors Don L. Grover and Clara Floy to por- tray the typical C.I.A. attorney in a series of TV spots. Ethical? Appropriate?
Problem III
The partners realize that C.I.A.'s chances of success will be maximized if they emphasize personal injury claims. The agency suggests a direct mail approach to anyone in the metropolitan areas where their offices are located whenever an injury accident report is filed with the public repository. They suggest that the mailing be a personalized letter introducing the firm and a brochure emphasizing C.I.A.'s personal injury experience. They also suggest that one of the partners follow up the letter with a phone call. Ethical? Appropriate?
Problem IV.
In a further effort to spur business, the web site designer prepares a website that provides "tips" to potential plaintiffs looking for attorneys to take their cases. Thes tips do little more than regurgitate applicable professional rules regulating contin- gent fee contracts and suggested questions for clients to ask lawyers they are con- templating hiring. The site also encourages clients to contact the firm by e-mail with any questions. Is this ethical? Are there special problems with advertising on the Internet that do not exist for other media?
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