Any business, whether small or corporate, needs to advertise their services somehow. This could be through various media platforms including social media, radio, television, and many others. The aim, after all, is to lure in potential business leads to generate more revenue for the business. However, all is not so simple with the legal profession.
Certified attorneys who use advertising to promote their legal services must comply with the standards as governed in the California Rule of Professional Conduct 1-400. This state law covers all areas related to attorneys and law firms which governs false advertising and the solicitation of legal services.
This means that legally qualified individuals and corporations of the practice of law are not allowed to ask for employment of their services for monetary purposes by means of communication or advertisements.
This applies to any past, present, or potential clients. The legal definitions of advertising can be found under section 6157c in the Business and Professions Code. This is to further crack down on the severity of the violation of rule 1-400.
Forms of communication can be anything from television adverts, radio announcements, printed media adverts, and even enveloped and mailed solicitation from the legal representative. If the law firm or individual attorney has no previous client-lawyer relationship, the offering of any kind of unwarranted legal representation without solicitation governed from a briefing by the Constitution of the State of California is prohibited.
However, the solicitation may not include any false information or be presented in a deceptive manner, mislead the public with factual omissions, or provide an unclear communication which states the document is a legal solicitation.
Terms and Conditions
The document of solicitation is, by law, not to be given to any member of the public by means of coercion or harassment. It may also not state the document comes from a specialist attorney unless Board of Legal Specialization certification is provided.
This does not stop law firms from posting or advertising information regarding their company by means of advertising portals whether it be through social media or print services. However, the information must not violate any attorney advertising rules in the state as stipulated in the California Rule of Professional Conduct 1-400.