Zauderer Case Summary

Introduction * Principles that define how we behave as lawyers * Substantive law * Civil, criminal liability if violated * Restatement – summarizes black letter of law that governs lawyers * Court, procedural, evidentiary rules * If violated, sanctions that will not only impact lawyers but also perhaps the client * Ethical rules * Comes from the MRPC – Model Rules of Professional Conduct * Subject to discipline by the Bar * This is the minimum floor of our behavior; remember personal sense of ethics, values * Various duties * To client * To court * To public * To the place of business where you work * To yourself * Ethics overview * Morals – innate sense of
Here, there was no harm. * RMJ case (804) – advertising their specialty is okay. terms you use matters. * Zauderer case (805) – can use pictures * Shapero case (805) – targeted mailings are okay * Peel (806) – okay to advertise a lawyer’s credentials, as long as truthful and helpful * Ibanez case (806) – CPA/CFP okay * Florida Bar case (806) ** EXCEPTION * Targeted mailings going to families of accident victims not allowed for 30 days after accident * A split decision by the Supreme Ct saying this law is okay * 7.1 – reflects all the above cases, re: misleading communications, material misrepresentation * Rationale: profession with superior knowledge. You can disclaim. * Omissions are