lawyer can be soliciting when giving out business card

Is Passing Out Business Cards Soliciting? One way to avoid doing so is to solicit from unknown people. Defamation is also committed when an attorney publicly badmouths another firm.

Full Answer

Can a lawyer solicit business from people they don't know?

For example, lawyers generally can't solicit business from people they don't know, although they are of course allowed to talk to strangers; they simply can't call up a criminal defendant and offer legal services.

When is a lawyer’s communication not a solicitation?

A lawyer’s communication is not a solicitation if it is directed to the general public, such as through a billboard, an Internet banner advertisement, a website or a television commercial, or if it is in response to a request for information or is automatically generated in response to electronic searches.

When is it illegal for a lawyer to solicit employment?

(c) A lawyer shall not solicit professional employment even when not otherwise prohibited by paragraph (b), if: (1) the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; or (2) the solicitation involves coercion, duress or harassment.

Is it illegal to put false information on business cards?

False or misleading advertising is illegal, and if you use your business cards to attract customers, you can't place false statements on them. For example, promising a 10 percent discount on your business card, then stating that the offer is no loner in effect could be a form of false advertising.

Is it unethical for a lawyer to advertise?

According to the ABA Rule 7.3 regarding Solicitation of Clients, a lawyer or law firm cannot direct any advertising communication to a specific person who needs legal services for a certain matter, and offer to provide legal services for that particular matter.

Is a business card a legal document?

“Dignified, unembellished” business cards have long been ethically permissible, even when other forms of advertising were not. But you can't overlook the fact that state ethics rules often apply to this seemingly benign form of information exchange.

Can lawyers poach clients?

Stealing clients from the firm can be a breach of fiduciary duty. Take, for example, the case of the Dowd and Dowd firm. When two partners decided to leave, they used confidential information to secure funding for a new firm, secretly contacted clients, and poached employees.

How do you give someone a business card?

1:132:00How to Give and Receive Business Cards - YouTubeYouTubeStart of suggested clipEnd of suggested clipPut it in a handbag. But you want to show respect to that person and their position by just taking aMorePut it in a handbag. But you want to show respect to that person and their position by just taking a moment glancing. At their card. Then. You can put the card away.

Is passing out business cards soliciting?

The “Don'ts” of Handing Out Business Cards This includes: Soliciting strangers: You may never solicit from someone you do not know. Speaking poorly of other attorneys: Verbally bad-mouthing another firm is considered defamation as well.

Can I give out business cards?

Whenever you give out a business card, ask for one in return. Not only is this considered business card etiquette but it can make the person feel important. Also, take a minute to look at it in front of the person, as is with human nature, they'll reciprocate.

What does it mean to solicit clients?

The term usually refers to directly asking potential customers to purchase goods or services, rather than using advertisements. Freelance contractors and other independent business owners often engage in solicitation to seek new customers.

What are the exceptions to the direct solicitation rule?

There are essentially only three exceptions to such contact: (1) direct contact with clients with whom the lawyer has had a prior professional relationship; (2) direct contact with individuals with whom the lawyer has an established personal relationship; or (3) solicitation of clients for “political” purposes rather ...

How can we stop poaching clients?

A non-solicitation agreement is an in-depth way to cover poaching. With a non-solicitation agreement, you specifically ask contractors to sign an agreement stating they won't solicit your company's clients or employees up to a designated time period following their work with your business.

How do you hand out business cards to strangers?

Say, “Here's my card, I look forward to the prospect of working with you and your team.” As you give your card, ask for the other person's business card. This suggests the beginning of a relationship and means that you have the power to follow up, rather than waiting on that person.

Why do people give out business card?

The business card represents your company's brand. Not only does it convey important personal contact information such as name, title, email, website, address and phone number, but oftentimes it is also the first exposure to the overall image of the business.

What do you say when you give someone your business card?

Instead of asking “would you like a business card”, simply hand them one. Most people will automatically take something if it's handed to them. Accompany it with something like “oh by the way, here's my card – don't hesitate to contact me any time!”

What are the ethical rules for lawyers?

Lawyers are held to a high ethical standard when it comes to their work and their marketing. There are a few simple rules to follow that will help you make the right decisions when faced with a networking or marketing dilemma. Be truthful: Represent your business properly.

How to keep your cards up to date?

Be prepared. Keep your cards up to date with contact information, website, services, etc. A card with items crossed out or additions in pen looks unprofessional. Store your cards in a safe place where they won’t get crumpled or dirty. Make a connection with a person before handing them your card.

Do you put "expert" on your business card?

Many states have rules governing terms like “expert” or “specialist”. If you don’t qualify according to your state’s definition, do not place it on your business card. Be clear: If you are not licensed to practice law in the same state that your firm is located, this must be communicated on your business card.

Can a lawyer hand out business cards?

Lawyers can in fact hand out business cards. However, there are certain rules that you must follow in order to uphold legal guidelines and maintain your license and reputation. Failure to do some, could put your career and your livelihood in jeopardy.

Can you solicit from someone you do not know?

Soliciting strangers: You may never solicit from someone you do not know. Speaking poorly of other attorneys: Verbally bad-mouthing another firm is considered defamation as well. Making false claims: Never state that you can do something you can’t, and don’t make offers (such as discounts) that you will not honor.

What is a business card for staff?

Business cards for staff must clearly identify the positions of staff members and avoid implying that lay staff members are lawyers. Paralegals, legal assistants, investigators and others need to be properly designated as such on their business cards. It’s how you use it, too.

Which states have business cards exempt from ethics?

For example, Kentucky’s definition of “advertising” exempts business cards with limited information. On the other hand, California specifically includes business cards in its ethics rules.

Can you use a business card for cold calls?

It’s how you use it, too. Watch how you go about handing out cards, too. In many circumstances, cold calls are prohibited solicitations, and the use of a business card to advance that can lead to a disciplinary complaint. The bottom line is that you need to be mindful about every detail of your law practice’s client development efforts.

Do business cards have to include email address?

But you can’t overlook the fact that state ethics rules often apply to this seemingly benign form of information exchange. Today’s business cards go well beyond name, address and telephone number to include an email address, website, Twitter name, law firm slogan and more. All of these could have ethical implications.

What is the purpose of paragraph (b) of the 'Information About Legal Services'?

[1] Paragraph (b) prohibits a lawyer from soliciting professional employment by live person-to-person contact when a significant motive for the lawyer’s doing so is the lawyer’s or the law firm’s pecuniary gain.

Is a lawyer's communication a solicitation?

A lawyer’s communication is not a solicitation if it is directed to the general public, such as through a billboard, an Internet banner advertisement, a website or a television commercial, or if it is in response to a request for information or is automatically generated in response to electronic searches.