Advertising & Solicitation
Professional Responsibility · Lesson 05
Advertising & Solicitation
這一課問的是：律師之溝通是否符合廣告與招攬規則？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Is the lawyer's communication permissible under the advertising and solicitation rules?
這一課問的是：律師之溝通是否符合廣告與招攬規則？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
MR 7.1
Tap to see meaning
No false or misleading communications.
MR 7.1。
MR 7.3
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Real-time solicitation generally prohibited.
MR 7.3。
misleading communication
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Material misrepresentation or unjustified expectations.
誤導性溝通。
real-time solicitation
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In-person, telephone, real-time electronic.
即時招攬。
targeted exception
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Family, close friends, lawyers, business solicitations.
目標例外。
specialization
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May claim certification if accurate.
專業化。
comparison
Tap to see meaning
Comparisons need factual basis.
比較。
Issue · what this lesson is really about
Is the lawyer's communication permissible under the advertising and solicitation rules?
這一課問的是：律師之溝通是否符合廣告與招攬規則？
Trigger words & phrases that should flag this issue:
advertisesolicitcommunicationreal-timespecialization
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State MR 7.1 | No false or misleading communication about lawyer or services. | 禁止關於律師或服務之不實或誤導溝通。 |
| Apply MR 7.3 | Real-time solicitation of laypersons unknown to lawyer generally prohibited. | 對非熟識素人之即時招攬禁止。 |
| Apply exceptions | Family, prior clients, business solicitations, other lawyers exempted. | 親屬、舊客、業務、律師例外。 |
| Apply specialization | Lawyer may claim certification by recognized organization (MR 7.4). | 可主張認可組織之認證。 |
Rule Sentence · the workhorse
Under MR 7.1, lawyers may not make false or misleading communications about their services; under MR 7.3, lawyers may not solicit professional employment by in-person, live telephone, or real-time electronic contact from prospective clients unknown to the lawyer or with whom the lawyer has no prior relationship.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人lawyer律師
Act 行為communicating about services關於服務之溝通
Object 對象prospective clients潛在客戶
Standard 法律標準MR 7.1 + MR 7.3MR 7.1 + MR 7.3
Consequence 後果permissible communication可允許之溝通
Casebook Snapshot · a real American case
Bates v. State Bar of Arizona
Holding. A blanket prohibition on truthful, non-deceptive lawyer advertising violates the First Amendment; the state may regulate truthful advertising for legitimate consumer-protection purposes but cannot ban it.
Why it matters. Bates opened lawyer advertising — states can regulate but not ban truthful, non-misleading lawyer communications.
Bates：禁律師真實廣告違反第一修正案。
Common Mistakes · what trips students
✗ all advertising prohibited。
✓ Permitted with content limits.
廣告受內容限制下可。
✗ solicitation 等於 advertising。
✓ Solicitation is targeted communication.
招攬為針對性溝通。
Mini IRAC · build the Application
Issue. May lawyer L send unsolicited letters to recent accident victims, advertising L's personal injury services?
Rule. Targeted written or recorded solicitations to prospective clients known to be in need of legal services are permitted under MR 7.3, provided they comply with disclosure requirements and are not made when the prospective client has indicated unwillingness to be solicited.
Application (model). L sends written letters to accident victims — a targeted written solicitation. Because MR 7.3 permits targeted written or recorded solicitations subject to disclosure requirements (e.g., "ADVERTISING MATERIAL" label) and other restrictions, the fact that L is using written solicitation rather than in-person/real-time means MR 7.3's prohibition on real-time solicitation does not bar this, though disclosure rules apply.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, L may send targeted written solicitations if MR 7.3 disclosure requirements are met.
MBE Check · multiple choice
L hands out his business card at a hospital ER, offering to represent injured patients. Permissible?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: