Capstone Cx
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Capstone cx

Capstone cx braden capstan winch parts for money write my dissertation methodology on english asap ´╗┐there's more issues and more rules now but you're ready we've had a warm-up here let's start with getting the client there's two issues but lots of rules we're going to talk about advertising and solicitation I like to use a traffic signal analogy in this area red yellow and green we all know what they mean and with getting the client and advertising I want to start with sort of thinking about a green light but for the most part advertising has a green light and when we get to solicitation we'll see just the opposite it has a red light and is almost always prohibited so let's start with advertising first our green light it was traditionally banned and very limited for advertising for lawyers but it is now quite generally accepted but there are quite a few restrictions and rules so what we're going to say about advertising is it has a green light we will primarily expect that it will be okay if it meets all the regulations now some California business and cup and Professions Code particulars are in your outline I'm going to hit the highlights for you today there are some very important red lights in advertising you cannot impersonate a lawyer so if you're ugly it's too bad you have to do your own advertisements you can't hire that great looking actor to do them for you lawyers cannot be impersonated another big important red light in advertising you cannot guarantee or warranty the outcome terms like quick settlement or immediate cash are large red flags and are definitely stop signs but in general you can advertise your practice so where are the yellow light areas where are those messy gray areas without a black letter rule our first yellow light area in advertising both the model rules and California prohibit false and misleading advertising the model rules also add that it needs to be material but it's a distinction of not much merit the double is really in the factual details when looking at what is false and misleading the rule is simple enough to state you're going to need to work the facts what do I mean by that you need to think about what in this advertisement might make the client be confused what might the client think the ad promises what might the client think the lawyer is inferring and those are the areas that are going to be the trouble spots in advertising where we might see false and misleading ads let me highlight a couple of particular examples a good example of what can be false and misleading is fields of practice or areas of specialization that's a trouble spot it's okay for your ad to say areas you do not practice in but you cannot say you're a specialist unless you are a certified specialist which requires additional testing by the State Bar and you have to meet a laundry list of special circumstances and criteria if you haven't done that your business card your advertisements they cannot say I'm a family law specialist some other trouble spots that are also included in your outline are presumed violations in California and we want to look at those because those are definitely problematic areas testimonials guarantees without disclaimers or implying relationships that aren't real those are the big areas where you will have a presumed violation in California and your advertisement will be a problem for example you cannot name your law firm state of California real estate attorneys that implies the relationship with the state of California that is not real so we cannot do that another unique rule in California is under Part II under presumptions in your outline but California requires labeling then your advertisements must be labeled just that they have to have the word advertisement on them you will also see that if it's not an advertisement it needs to be labeled a newsletter so primarily anything lawyers send out to their clients whether it's an advertisement whether it's a newsletter it needs labeling if it goes to the general public you label it advertisement if it's a letter that you're sending to your current and former clients it can be labeled news but also in our list of presumed violations is the classic ambulance chasers and that takes us to solicitation now solicitation is a huge red light it is just the opposite of advertising solicitation is generally prohibited and it's it's ambulance-chasing its handing your business cards out at the scene of an accident or handing your business cards out at a hospital it's an easy violation in either the California rules or the model rules but not just ambulance-chasing and solicitation solicitation is broader than that it includes any in-person live contact or a live telephone call the client can call you but you cannot call the client first the yellow light area for solicitation where solicitation might be allowed is so teeny-tiny so little solicitation is permitted basically two places it's permitted if you have a prior relationship basically someone is family or a former client you are allowed to contact them or you lack pecuniary gain as a motive solicitation have thought the ambulance-chasing image and is prohibited because lawyers are trying to solicit the vulnerable for money for fees and so what we do allow is in this very small exception for a lack of pecuniary gain if the lawyer is trying to solicit a client because they want to pursue a pro bono case for example maybe you want to challenge the constitutionality of a change in a social welfare program you need a plaintiff to do that and if you work for a pro bono organization that is going to pursue this case for no pecuniary motive no attorneys fees then you can solicit a client now before we leave solicitation there is one more important area I want to cover and that is I want you to make sure you watch those bar exam questions for a capper or a runner basically the rule is simple you can't use someone else to do what you cannot yourself you can't hire a tow truck driver to hand your business cards out at the scene of an accident because you can't do it either so neither can anyone else now be careful not all cappers or runners are working-class folks you also can't pay the dentist who works in the office next door to you pay him any kind of a fee if he sends you malpractice cases he comes upon that's also a capper or running situation now the details of the rules are set out at the end of your outline and they're cast in much more formal language than we've been talking about today model rule 7.2 gives the formal language of you cannot give anything of value to someone for recommending your services and the California rule is similar what's our bottom line you cannot pay people to solicit for you but it's perfectly okay to pay media providers you want to run a legitimate advertisement you can pay the magazine it runs in but you cannot pay the dentist next door or the tow truck driver to do solicitation for you so assuming that you get a client by a truthful advertisement and without any solicitation then what where are we at this point now we have to enter into a relationship with the client and our first area in this section of the outline is fees and fees is a very highly testable area on the California State Bar but there's good news model rules in California use very similar approach research topics in development management Jesuit.

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