Please explain what important factors you believe a paralegal/legal assistant should keep in mind in order to help protect against committing any advertising or solicitation violations.
What will be an ideal response?
First and foremost, a paralegal/legal assistant needs to know the advertising and solicitation
rules that are in effect in the paralegal’s/legal assistant’s jurisdiction. Not only are there
differences between the rules in the Model Code and the Model Rules, but also sometimes
there are changes made by a state’s highest court when adopting an ABA rule. As an example,
a paralegal/legal assistant who has the responsibility for placing ads should know whether an
ad incorrectly states or implies that the lawyer is a specialist. Also, paralegals/legal assistants
should know what their rules say about advertising on the Internet. Paralegals/legal assistants
may have business cards that list their titles, and may be listed on firm letterhead, but need
to be careful to avoid giving the impression that they are lawyers. Independent contracting
paralegals/legal assistants should know that if they are going to advertise, they may advertise
only to attorneys, not to the general public. And when it comes to solicitation,
paralegals/legal assistants must make sure not to engage in unlawful solicitation.
Paralegals/legal assistants should also not take finder’s fees for finding clients.
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What will be an ideal response?
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What will be an ideal response?