Advertising and Solicitation Flashcards

Under Model Rule 7.1, which of the following statements in a lawyer's advertisement would be PROHIBITED?

Answer: I am the best criminal defense lawyer in the state.

Under MR 7.1, a lawyer may not make false or misleading communications, and claiming to be 'the best' creates an unjustified expectation that cannot be verified.

Under Model Rule 7.2, which of the following must appear in every lawyer advertisement?

Answer: The name and contact information of at least one lawyer or law firm responsible for the content

MR 7.2(c) requires that any advertisement include the name and contact information of at least one lawyer or law firm responsible for its content.

A lawyer sends a direct-mail solicitation to individuals recently arrested for DUI. Under the Model Rules, this is:

Answer: Permitted as long as it complies with all applicable rules and is not false or misleading

Targeted written advertising, including direct mail, is permitted under MR 7.3 as long as it does not violate other rules and is not false or misleading.

Under Model Rule 7.2(b), which of the following is an EXCEPTION to the prohibition on paying for referrals?

Answer: Paying a portion of a fee to a qualified lawyer referral service as its usual charge

MR 7.2(b)(2) expressly permits a lawyer to pay the usual charges of a qualified lawyer referral service approved by appropriate authority.

Under Model Rule 7.3(b), a lawyer MAY make direct personal contact to solicit a prospective client when:

Answer: The prospective client is a close personal friend of the lawyer

MR 7.3(b)(1) permits direct solicitation contact when the prospective client has a family, close personal, or prior professional relationship with the lawyer.

A lawyer's advertisement states she 'specializes' in immigration law. Under Model Rule 7.4, this is:

Answer: Permitted if she has been certified as a specialist by an organization approved by the state bar or the ABA

Under MR 7.4, a lawyer may communicate that they specialize in a field only if certified by an organization whose certification program has been approved by the state or the ABA.

Under Model Rule 7.3(a), which of the following forms of contact is specifically PROHIBITED for soliciting prospective clients for pecuniary gain?

Answer: Making a live telephone call to a specific accident victim not previously known to the lawyer

MR 7.3(a) prohibits solicitation through in-person, live telephone, or real-time electronic contact with a specific prospective client when pecuniary gain is a significant motive.