This CLE presentation from Kegler Brown's 12th Annual Seminar on Professional Responsibility covers duties to report and cooperate, confidentiality, professionalism, advertising guidelines and more for attorneys admitted to the bar in Ohio. The speakers were Geoffrey Stern, Christopher Weber, Rasheeda Khan and Carol Costa.
73. Is the communication in response to a request from a prospective client? Is the person a lawyer OR do you have a close personal, or prior professional relationship? Communication not restricted NO YES Communication not restricted Is communication/contact “live” (in-person, telephone, real-time electronic)? Advertisement or solicitation is permissible so long as communication is in compliance with Rule 7.3. Contact is prohibited Rule 7.3(a) Limitation: People who previously told you “I’m not interested.” Exception: Participation in a prepaid or group legal service plan. YES NO YES NO See next page for specific restrictions and requirements #1 #2 #3 Rule 7.3: Direct Contact with Prospective Clients
74. Is there a reasonable belief that the prospective client is in need of legal services in a particular matter or does the contact include a personalized letter? Disclosures not required. YES NO Is the communication being sent within 30 days of an accident or disaster that gives rise to a potential claim for personal injury or wrongful death? Examples: General announcements and newsletters NO YES Inclusion of “Understanding Your Rights” under Rule 7.3(e) AND the 3 basic Rule 7.3 (c) disclosures Has the prospective client been named as a defendant in a civil action? YES NO The 3 basic disclosures under Rule 7.3(c) are required: Lawyer must verify service of action AND include the 3 basic Rule 7.3 (c) disclosures Disclose how you know identity and need 7.3 (c)(1) “ Advertisement Only” 7.3 (c)(2) No Evaluation of merits 7.3 (c)(3) #4 #5 #6 Disclose how you know identity and need 7.3 (c)(1) “ Advertisement Only” 7.3 (c)(2) No Evaluation of merits 7.3 (c)(3)
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76. Attorney Advertising & Solicitation presented by Rasheeda Khan & Geoffrey Stern September 25, 2009