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Advertising legal and ethical issues
Advertising legal and ethical issues
Ethical dilemmas for lawyers
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There is a continuing need and demand for legal services that are accessible to the public, and in order for information about legal services to reach these people then it is necessary that legal professionals be able to advertise in some way. The ABA Model Rules have specific guidelines concerning how advertising legal services should be handled, and each state had adopted laws that follow these in some way or another. Understanding these guidelines and knowing state laws that regulate advertising legal services is necessary for all legal professionals so that their services are offered to the public while working withing the boundaries of the law. The unit six seminar discusses what legal advertising and solicitation is, the difference between the two, and the guidelines for legally advertising as a legal professional.
The first ABA MRPC concerning this topic is rule 7.2 Advertising which states that ,”(a) ... a lawyer may advertise services through written, recorded or electronic communication, including public media (ABA MRPC 7.2 (a)). According to this rule it is legal for lawyers to advertise their services through these specific outlets as long as they are in accordance with model rule 7.1 which prohibits the use of false and misleading information when doing so. Legal advertising should be for the purpose of informing the general public of the legal services available to them as well as to make obvious to them situations that require legal services that would otherwise be unknown to average laypersons. The comment for rule 7.2 explains that the rule allows advertisements to include the lawyer's name or firm name, address, email address, website, and telephone number, services, how lawyer's fees are determined, pric...
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...nce except in a few circumstances. The Model Rules and state laws concerning these issues are important and necessary working as a legal professional so that legal services are accessible and rendered to the public as effectively and efficiently as possible.
Works Cited
American Bar Association. Model Rules of Professional Conduct. Rule 7.2 (a)
American Bar Association. Model Rules of Professional Conduct. Rule 7.2 Comment [2].
American Bar Association. Model Rules of Professional Conduct. Rule 7.3 (a).
American Bar Association. Model Rules of Professional Conduct. Rule 7.3 (a) (1) and (2).
American Bar Association. Model Rules of Professional Conduct. Rule 7.3 Comment [2].
Orlik, D. Ethics for the Legal Professional. Pp. 151. Vitalsource for Kaplan University.Pearson Learning Solutions, Bookshelf. Retreived from http://online.vitalsource.com/books/9781269310697
A Paralegal is defined by the American Bar Association as a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. Paralegals work under direct supervision of an attorney and follow the same ethical rules of the ABA as a lawyer does. ABA Rule 5.3, states that a lawyer must give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to representation of the client, and should be responsible for their work product. Per the State B...
Freedman, Monroe H., and Abbe Smith. Understanding Lawyers' Ethics. New Providence, NJ: LexisNexis, 2010. Print.
Nye, Howard. PHIL 250 B1, Winter Term 2014 Lecture Notes – Ethics. University of Alberta.
Brooks, Leonard J. Business & Professional Ethics for Directors, Executives, & Accountants. Mason: Thompson South-Western, 2004. p227.
Pfeiffer, R., & Forsberg, R. (2005). Ethics on the job: cases and strategies (3rd ed.). Belmont, CA: Thomson/Wadsworth.
Thiroux, J. P., & Krasemann, K. W. (2009). Ethics: Theory and practice (10th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.
Although the legal profession is a single discourse community, it is made up of many smaller discourse communities. This is so because while all lawyers share the same broad goals of the legal profession and have a general knowledge and expertise in all areas of the law, most lawyers after graduating from law school and passing the bar exam specialize in a particular area of law. This specialization requires the lawyer to go beyond the broad concepts of law as a whole and to become knowledgeable and proficient in the sometimes minute details of a more specific area of law. Even then, some lawyers will go even further to focus on one aspect or another of that particular area of law. This results in most lawyers being members of many even smal...
(8) D., Lyons, Ethics and the Rule of Law, Cambridge University Press, 1989, p. 81.
Brooks, L., Dunn, P. (2012) Business & Professional Ethics for Directors, Executives & Accountants. 6th Edition. Thompson South-West.
NALA have available for paralegals the options of CLE (Continuing Legal Education). This program is live educational, online self-study programs, and publications which is overseen by the association’s Continuing Education Counsel. The council works with Headquarters staff, professional writers, and others in planning and developing educational programs. The three areas I have chosen for CLE are Real Estate, Social Security Representation, and State and Federal Administration Law. The three areas mentions are my areas of interest, becoming a member of NALA, will allow me the opportunity to participate in CLE to give me the necessary knowledge to better and myself and know the law behind it. For a paralegal to participate in this...
Professionals are people who have equipped themselves with the knowledge and skills in a given field. The interest of improvement of the professional identity is an evidence of how high standards are placed upon the professionals in the community (Johnson et al., 2012). Each profession creates its norms, values and scope of practice that distinguishes it from any other profession. Different legal ethics are upheld and everyone needs to work as per the stipulated ethics in the field to be part of the profession. People in the field are expected to be knowledgeable and independently use decision
Ferrell, O. C., Fraedrich, J., & Ferrell, L. (2013). Business ethics: Ethical decision making and cases: 2011 custom edition (9th ed.). Mason, OH: South-Western Cengage Learning.
Mayhew, Robert. The Journal of Ethics , Vol. 1, No. 4 (1997) , pp. 325-340
Nowadays television and the advertising displayed in it is a part of everyday life in most households. What many people do not know is that television in many ways is bad. Numerous articles have been written on this. Many surveys and books have been written on this subject as well. The ads in television are what are especially bad. Some television ads are misleading.
Advertisements are located everywhere. No one can go anywhere without seeing at least one advertisement. These ads, as they are called, are an essential part of every type of media. They are placed in television, radio, magazines, and can even be seen on billboards by the roadside. Advertisements allow media to be sold at a cheaper price, and sometimes even free, to the consumer. Advertisers pay media companies to place their ads into the media. Therefore, the media companies make their money off of ads, and the consumer can view this material for a significantly less price than the material would be without the ads. Advertisers’ main purpose is to influence the consumer to purchase their product. This particular ad, located in Sport magazine, attracts the outer-directed emulators. The people that typically fit into this category of consumers are people that buy items to fit in or to impress people. Sometimes ads can be misleading in ways that confuse the consumer to purchase the product for reasons other than the actual product was designed for. Advertisers influence consumers by alluding the consumer into buying this product over a generic product that could perform the same task, directing the advertisement towards a certain audience, and developing the ad where it is visually attractive.