[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

due process guarantees. 27 In criminal cases where the rights of the defendant rather than
the interests of the lawyer are at stake, many courts are more likely to require a judge to
provide a legitimate reason why the defendant should be deprived of his choice of
counsel, 28 but it is enough if the judge provides notice and an opportunity to show cause
why the admission should not be allowed. 29
Constitutional Power and Client Advocacy
It should come as no surprise that the Constitution, which provides the framework for all
law, also has shaped the law governing lawyers. Other notes in this series entitled “The
Bounds of the Law” have discussed the limits created by general law that restrict a lawyer’s
ability to advocate on behalf of a client. In this note, by contrast, we have seen lawyers who
seek to expand their right to advocate on behalf of their clients by invoking constitutional
rights to restrict the application of other general law, such as professional rules, court
procedures, or legislative enactments. In pursuing your law practice, you should be alert to
other occasions when state or federal constitutional rights might help you promote
legitimate client advocacy.
Problems
15-6. Can Martyn & Fox e-mail families of recent accident victims to inform them of
their need for counsel? Can Fox follow up on e-mail responses with phone calls? Can he
discuss the tragedy on a blog or in a chat room?
15-7. Can Martyn & Fox advertise “Law for You” seminars on Twitter, where Martyn
touts the advantage of living trusts? Can Martyn hand out business cards and advertising
brochures to those who attend the seminars? Can she ask those who attend the seminar to
hire the firm to draft a living trust? Does it matter if the seminar is sponsored by a local
not-for-profit organization?
15-8. While visiting her father at a local hospital, Martyn warns the person in the next
bed not to sign an insurance settlement form until she speaks to a lawyer. The patient, in
gratitude, asks Martyn to be her lawyer. Can Martyn take the case?
D. Referrals Model Rules 5.4, 7.2
The Applicability of Colo. RRC 7.2 to Internet-Based Lawyer Marketing
Program
Formal Ethics Opinion No. 122 (2010)
Colorado Bar Association Ethics Committee
With the acceleration of technology, Colorado lawyers are exposed to a proliferation of
private companies offering internet-based services designed to market legal services. . . .
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