M05 Writing Assignment Unethical Advertising
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Taylor 1
Davetra Taylor
Legs 170
Professor Becsey
November 22, 2023
M05 Writing Assignment: Unethical Advertising
This type of advertisement is highly unethical. This advertisement immediately violates The Indiana Rules of Professional Conduct in Rule 7.1, Rule 7.2, Rule 7.3, and Rule 7.4.
Rule 7.1 governs how an attorney can communicate the services that it provides. No attorney can guarantee a legal decision as they are not the judge or the jury, so this is misleading and deceptive. Rule 7.1. Communications Concerning a Lawyer’s Services
1.
LOWEST RATES IN TOWN! WE GUARANTEE YOU WIN!
A lawyer shall not make false or misleading communication about the lawyer or the lawyer's 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. Because it would not be possible for the attorney to know the fee of every other attorney
[1] This Rule governs all communications about a lawyer's services, including advertising permitted by Rule 7.2. Whatever means are used to make known a lawyer's services, statements about them must be truthful. [ CITATION Ame2 \l 1033 ]
Rule 7.2. Communications Concerning a Lawyer’s Services
2.
Recommend us to your friends and we will give you a $20 gas card for every client who retains us!
Taylor 2
This advertisement offering a $20 gas card for a referral is also unethical and violates this
rule. There are instances where compensation may be paid but that is not the case in this advertisement. Rule 7.2(b) clearly states that: (b) A lawyer shall not compensate, give or promise anything of value to a person for recommending the lawyer’s 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;
(3) pay for a law practice in accordance with Rule 1.17;
(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; and
(5) give nominal gifts as an expression of appreciation that are neither intended nor reasonably expected to be a form of compensation for recommending a lawyer’s services.
There is also a clear violation of Rule 7.2(c)(6). By implying that no matter the responsibility of the client that there is an opportunity to receive a settlement. This is definitely misleading and an ordinary person that is at fault could believe that they are still entitled to payment. 7.2(c)(6): Making a statement that contains a representation or implication that is likely to
cause an ordinary prudent person to misunderstand or be deceived. [ CITATION Ame1 \l 1033 ]
3.
Distribute them at the local hospital ER waiting room
Taylor 3
Finally, there is a violation of Rule 7.3(b)(2) regarding the contact made to the clients that
are in the local hospital Emergency waiting room. In the instance of the hospital patients the solicitation is purely for gain to the attorney. These individuals are vulnerable and contacting them during this time is a violation. Additionally, contacting the survivors and next of kin in an accident is also a violation. Rule 7.3(b)(3) states that:
Rule 7.3. Direct Contact with prospective Clients
(b) A lawyer shall not solicit professional employment from a prospective client by in-per-
son or by written, recorded, audio, video, or electronic communication, including the Internet, if:
(2) the solicitation involves coercion, duress or harassment.
(3) the solicitation concerns an action for personal injury or wrongful death or other-
wise relates to an accident or disaster involving the person to whom the solicitation
is addressed or a relative of that person, unless the accident or disaster occurred more than 30 days prior to the initiation of the solicitation.
(4) the solicitation concerns a specific matter, and the lawyer knows, or reasonably should know, that the person to whom the solicitation is directed is represented by a lawyer in the matter; or
(5) the lawyer knows, or reasonably should know, that the physical, emotional, or mental state of the person makes it unlikely that the person would exercise reason-
able judgment in employing a lawyer. [ CITATION Ame193 \l 1033 ]
Even though Paralegal Anderson has been tasked with distributing the flyers, the ultimate responsibility lies with the attorney. So, while Dewey has personally instructed Paralegal Anderson to distribute the flyers, there could potentially be sanctions for the entire firm
of Dewey, Cheatham and Howe. These are egregious violations of conduct and can cause the public to be deceived to their
detriment. It is the responsibility of the professional to operate ethically. Since they have not chosen to do so, I believe the appropriate disciplinary action for Attorney Dewey would be
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Taylor 4
suspension for three years and the firm as a whole should be sanctioned by being assessed a fine. There should also be a mechanism to review all advertising for one year.
Taylor 5
Works Cited
American Bar Association. (2019, April 17). Rule 7.3 Solicitation of Clients.
Retrieved from www.americanbar.org: https://www.americanbar.org/groups/professional_responsibility/publications/model_rule
s_of_professional_conduct/rule_7_3_direct_contact_with_prospective_clients/
American Bar Association. (n.d.). Communications Concerning a Lawyer's Services: Specific Rules.
Retrieved from www.americanbar.org: https://www.americanbar.org/groups/professional_responsibility/publications/model_rule
s_of_professional_conduct/rule_7_2_advertising/
American Bar Association. (n.d.). Rule 7.1: Communications Concerning a Lawyer's Services.
Retrieved from www.americanbar.org: https://www.americanbar.org/groups/professional_responsibility/publications/model_rule
s_of_professional_conduct/rule_7_1_communication_concerning_a_lawyer_s_services/