It is both the Lawyers’ and Councilmen’s Duty of Care to Know State and Federal Laws.
3:13:00 White: When we decided that we needed a new city attorney we were being advised by Mr. Kapanicas and Mr. Wysocki as to the process that we needed to follow. That was their positions at the time and they suggested that we create a two-person ad-hoc committee and we did; it was myself and Mr. Orozco.
3:14:00 White: Again, we were only in here for three months so we were listening to the people who should know and I received a phone call from Mr. Pinkney’s Firm, so I do not have any emails that people are asking for or documentation that I reached out to them or they reached out to me. They had heard that we were in need of a city attorney. His Firm also represented the ERICA Board, which I sit on. Mr. Lena Wade was their Attorney. She was the one that contacted me and asked if they could apply for the position. We received another phone call from Aleshire and Wynder , who are also the attorneys for Banning and they asked if they could be considered. Mr. Orozco received contract from a person an individual that was acting as a city attorney for Moreno Valley.
3:15:00 White: Mr. Orozco and I met with the three groups, we talked to them, we narrowed it down to Mr. Pinkney’s Firm and Aleshire and Wynder. They brought in presentations which we were all given a copy of. I took it home, probably threw it away. I didn’t know any better. I figured it was not necessary. They had competitive bids in there and the values were competitive. They were almost identical. We selected Mr. Pinkney on the fact that he came in with a very aggressive plan to move forward.
CALIFORNIA STATE BAR ASSOCIATION
Rule 1-400 Advertising and Solicitation
(A) For purposes of this rule, “communication” means any message or offer made by or on behalf of a member concerning the availability for professional employment of a member or a law firm directed to any former, present, or prospective client, including but not limited to the following:
• (1) Any use of firm name, trade name, fictitious name, or other professional designation of such member or law firm; or
2) Any stationery, letterhead, business card, sign, brochure, or other comparable written material describing such member, law firm, or lawyers; or
(3) Any advertisement (regardless of medium) of such member or law firm directed to the general public or any substantial portion thereof; or
(4) Any unsolicited correspondence from a member or law firm directed to any person or entity.
(B) For purposes of this rule, a “solicitation” means any communication:
• (1) Concerning the availability for professional employment of a member or a law firm in which a significant motive is pecuniary gain; and
(2) Which is:
• (a) delivered in person or by telephone, or (b) directed by any means to a person known to the sender to be represented by counsel in a matter which is a subject of the communication.
(C) A solicitation shall not be made by or on behalf of a member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship, unless the solicitation is protected from abridgment by the Constitution of the United States or by the Constitution of the State of California. A solicitation to a former or present client in the discharge of a member’s or law firm’s professional duties is not prohibited.
(D) A communication or a solicitation (as defined herein) shall not:
(1) Contain any untrue statement; or
(2) Contain any matter, or present or arrange any matter in a manner or format which is false, deceptive, or which tends to confuse, deceive, or mislead the public; or
(3) Omit to state any fact necessary to make the statements made, in the light of circumstances under which they are made, not misleading to the public; or
(4) Fail to indicate clearly, expressly, or by context, that it is a communication or solicitation, as the case may be; or
(5) Be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.
(6) State that a member is a “certified specialist” unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.
http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules…
FEDERAL LAWS GOVERNING LAWYERS:
(a) A lawyer shall not by in‑person, live telephone or real-time electronic contact solicit professional employment when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain, unless the person contacted:
(1) is a lawyer; or
(2) has a family, close personal, or prior professional relationship with the lawyer.
(b) A lawyer shall not solicit professional employment by written, recorded or electronic communication or by in‑person, telephone or real-time electronic contact even when not otherwise prohibited by paragraph (a), if:
(1) the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; or
(2) the solicitation involves coercion, duress or harassment.
(c) Every written, recorded or electronic communication from a lawyer soliciting professional employment from anyone known to be in need of legal services in a particular matter shall include the words “Advertising Material” on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person specified in paragraphs (a)(1) or (a)(2).
(d) Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses in‑person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.
http://www.americanbar.org/groups/professional_responsibility/publicatio…