CBA Record

MAGAZINE SUBSCRIPTIONS For gifts, your reception area or personal use. Guaranteed lowest rates, convenient order- ing. Hundreds of satisfied CBA members. To order, visit www.buymags.com/chbar or call 800/603-5602. failure to include these limitations would constitute a misleading communication. Cincinnati Bar Ass’n , 982 N.E.2d at 660 (finding that the firm’s failure to state that “the free consultation ended when the prospective client … hired the firm by signing a fee agreement” was inherently misleading). Advertisements of free consultations should include all limitations on the consultation. Failure to do so constitutes a misleading communication. Under the Illinois Rule of Professional Conduct 1.5(b), attorneys must communicate “to their client, preferably in writing, the basis or rate of the fee and expenses for which the client will be responsible.” Attorneys should clearly communicate at what point the free consultation ends and billing begins. In People v. Pittam , 889 P.2d 678, 679 (Colo. 1995), the court held that the attorney’s failure to tell the client that there was a time limit on the free consultation constituted a misleading statement. This information should be stated in the adver- tisement and also be communicated to the client during the actual consultation. Ads Must Follow Rules Although promising free consultations can be a good way to get potential clients in the door, attorneys must comply with Illinois Rules of Professional Conduct 7.1 and 7.2 by ensuring that (1) a lawyer conducts the consultation, (2) the client is not charged for any part of the consultation that was advertised as “free,” and (3) the client understands and accepts any time or other restrictions on the offer.

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