…
In a previous issue of the Avoiding Liability Bulletin, I wrote about my views
(largely negative) on the use of a sliding fee scale by private practitioners.
See the article of August 2006, Volume 1, by going to the Archives section for
the Avoiding Liability Bulletin – under the title “Fees – The Sliding Fee
Scale.” One of the most basic rules of advertising is that advertisements
cannot be false, fraudulent, misleading, or deceptive. This principle is
usually incorporated into state statutes and professional association ethical
standards.
In the event that a private practitioner chooses to
use a sliding fee scale, there are some questions that arise if the
practitioner advertises that fact. For instance, in one state the law provides
that any price advertisement shall be exact, without the use of phrases,
including, but not limited to, “as low as,” “and up,” “lowest prices,” or words
or phrases of similar import. This law also provides that the price for each
product or service shall be clearly identifiable. Thus, if a practitioner were
to advertise the use of a sliding fee scale in this particular state, great
care would need to be taken so as to not be in violation of the letter or
spirit of the law.