Committee on Professional Ethics
Which are the rules for a discounted legal service offer?
Topic: Marketing of legal services by use of a “deal of the day” or “group coupon” website
Digest of the Committee:
“Lawyer may market legal services on a ‘deal of the day’ or ‘group coupon’ website provided that the advertising is not misleading or deceptive and makes clear that no lawyer-client relationship will be formed until the lawyer can check for conflicts and competence to provide the services. If the lawyer is unable to provide the offered service due to a conflict or competence issue, the lawyer must give the coupon buyer a full refund. If the coupon buyer terminates the representation, the buyer is entitled to a refund subject to the lawyer’s quantum meruit claim.”
Rules: New York Rules of Professional Conduct 1.0(a), 7.1, 7.2, 7.3
The full text is available at http://www.nysba.org…
Comments from the editors of this website:
In Ethics Opinion 897, the New York State Bar Association Committee on Professional Ethics opined that a lawyer may market legal services on a “deal of the day” website if the advertising is not misleading and states that a lawyer-client relationship will not be created until the lawyer performs conflict and competence evaluations. If the lawyer uncovers conflict of competence issues, the lawyer must refund the buyer. If the buyer of the coupon terminates the representation, he is entitled to a refund, subject to the lawyer’s quantum meruit claim.