Do You Offer a Groupon to Clients? Would You?
January 26th, 2012 | By David SorensenWhile the legal industry may be in the late majority to adapt technology, perhaps change and adaptation is inevitable even for law firms. And while perhaps not all adaptations are necessary — i.e. not all innovations present an “adapt or die” proposition — some new uses are more curious than others. Like Groupon for lawyers.
Which came first, Groupon asking lawyers if they wanted to place ads or vice versa? We may not know. But the issue of lawyers advertsiing on the service has been considered now by the vigorous, thoughtful individuals at the New York State Bar Association.
Key ethics and risk management issues for lawyers who want to market discounted services with Groupon or similar websites include whether the money paid to the website running the ad is an improper referral fee (RPC 7.2), compliance with other advertising regulations (RPC 7.1. et al), appropriateness of the fee (RPC 1.5), and whether the lawyer can make necessary conflict checks and determine the lawyer’s ability (or not) to perform the work requested competently (RPCs 1.1, 1.10). If 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, these arrangements won’t likely earn you a date with the New York disciplinary authorities. Unlike a restaurant that delivers a bad meal, however, the lawyer must grant the coupon buyer a full refund if the work requested cannot be provided. Additional ethics considerations apply (just like the small print on coupons!).
You can find the full text of the NYSB Opinion here.
Anecdotally I have heard many business owners having widely diverging levels of satisfactions with coupon services. Is this just another way for lawyers to attract clients and offer value, or an invitation to an unpleasant experience?
Leave a Comment »
