Purchase a course multi-pack for yourself or a friend and save up to 50%!
5-COURSE MULTI-PACK $180
10-COURSE MULTI-PACK $300
Accelerated 1-year bachelor's program
Question 1
As a newly admitted estates lawyer, you try to drum up business by placing an ad in the Yellow Pages. You figure you can make use of your skills on behalf of clients with simple will issues. So your ad states, "You need a will? If you have a simple estate, I'll only charge $500.00." Jezeberl comes into your office and retains your services. She fills out a standard form designed to help you learn about her assets. As soon as you look at it, you realize it's not a simple estate. There are assets numerous and tangled. You think about what kind of work the will might require, and realize that if you only charged $500.00 you would hardly be able to pay your electricity bill for the month. So you tell Jezeberl that the job will cost her $3,000.00. She reports you to the Committee on Lawyer Advertising for a false and deceptive ad. Are you subject to discipline?
Correct The battle in this case would be over the interpretation of the word 'simple' in your ad. If your ad is false or misleading as to what a 'simple' estate is, then you would be violating Model Rule 7.1's prohibition against deceptive advertising. Most people would not consider an estate with 'assets numerous and tangled' to be a simple one. Therefore, your refusal to stick by the $500.00 price had nothing to do with being false or deceptive in your advertising practices. As such, choice (a) is the best answer. Choice (b) is incorrect because Jezeberl's belief is not controlling in the assessment of whether your advertisement was deceptive. Choice (c) is incorrect because you did not fail to 'stick' to the quoted price ' the quoted price simply did not apply to this client.
Incorrect! The battle in this case would be over the interpretation of the word 'simple' in your ad. If your ad is false or misleading as to what a 'simple' estate is, then you would be violating Model Rule 7.1's prohibition against deceptive advertising. Most people would not consider an estate with 'assets numerous and tangled' to be a simple one. Therefore, your refusal to stick by the $500.00 price had nothing to do with being false or deceptive in your advertising practices. As such, choice (a) is the best answer. Choice (b) is incorrect because Jezeberl's belief is not controlling in the assessment of whether your advertisement was deceptive. Choice (c) is incorrect because you did not fail to 'stick' to the quoted price ' the quoted price simply did not apply to this client.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Phred is a personal injury lawyer who places an ad on the "A" train. The ad states a contingent fee arrangement for prospective clients: "You lose your case, we get nothing. You win or settle, we take 1/3. It's as simple as that!"; A client comes in with a wrongful death claim. Both the client and Phred are perfectly aware that a victory or settlement in the case could be valued in the millions. Phred's mouth waters. He asks the client for $1,000.00 for assorted litigation fees. The client tells Phred that Phred's ad said nothing about what a client must pay up front for initial litigation fees. Phred says, "What's $1,000.00 when you stand to make millions on this case?" The client is upset because he is an indigent single father. What would an ethics committee hold?
Correct
Incorrect!
Correct 'False or misleading' advertisements are prohibited by Model Rule 7.1. The rules hold that 'omitting a fact necessary to make the statement considered as a whole not materially misleading' is a violation. See Model Rule 7.1(a). Here, because Phred required an added $1000.00, a fact was omitted, making the statement about the client's fee obligations materially misleading. Therefore, choice (b) is the best answer. Choice (a) and choice (c) are incorrect, because failure to mention a $1000.00 fee is not immaterial.
Incorrect! 'False or misleading' advertisements are prohibited by Model Rule 7.1. The rules hold that 'omitting a fact necessary to make the statement considered as a whole not materially misleading' is a violation. See Model Rule 7.1(a). Here, because Phred required an added $1000.00, a fact was omitted, making the statement about the client's fee obligations materially misleading. Therefore, choice (b) is the best answer. Choice (a) and choice (c) are incorrect, because failure to mention a $1000.00 fee is not immaterial.
Correct
Incorrect!
Question 3
Barnabas Saim states in an advertisement that he graduated from Harvard Law with a J.D., earned magna cum laude honors, and was editor of the Law Review. A competing personal injury lawyer lodges a complaint with the Committee on Lawyer Advertising, saying that Barnabas is in violation of the prohibition against comparing yourself with other lawyers in an advertisement. What will the Committee hold?
Correct
Incorrect!
Correct
Incorrect!
Correct As long as a lawyer's advertisement is not 'false or misleading,' and the basic format for lawyer advertisements is met (announcing at the top or on the first and last page that the advertisement is in fact an advertisement, for example) a lawyer will generally not be subject to discipline. Barnabas was not comparing himself unethically to other lawyers so as to drum up business ' he stated his credentials because they are impressive and truthful. On the facts, there is nothing in his ad that exposes him to discipline. Therefore, choice (c) is the best answer. Choices (a) and (b) are not correct, because Barnabas may cite his credentials to attract clients. Stating an educational background, for one, would not deceive people regarding an unusual ability to achieve victories.
Incorrect! As long as a lawyer's advertisement is not 'false or misleading,' and the basic format for lawyer advertisements is met (announcing at the top or on the first and last page that the advertisement is in fact an advertisement, for example) a lawyer will generally not be subject to discipline. Barnabas was not comparing himself unethically to other lawyers so as to drum up business ' he stated his credentials because they are impressive and truthful. On the facts, there is nothing in his ad that exposes him to discipline. Therefore, choice (c) is the best answer. Choices (a) and (b) are not correct, because Barnabas may cite his credentials to attract clients. Stating an educational background, for one, would not deceive people regarding an unusual ability to achieve victories.
Question 4
Shrikant places an advertisement in the Yellow Pages stating that he specializes in tax law and that he has represented Yankee owner George Steinbrenner in tax matters. He also states that he has been serving the good citizens of the Bronx for 30 years. For what has he exposed himself to discipline?
Correct
Incorrect!
Correct A lawyer may state a specialization, provided he does not assert he is a 'certified' specialist without stating a legitimate certifying organization sanctioned by the state or the state bar. Since Shrikant did not state he is certified as a specialist in tax law, he is not subject to discipline. A lawyer may name a former client in an advertisement, provided he obtains written permission from that client. See Model Rule 7.2, Comment [2]. Therefore, Choice (b) is the best answer.
Incorrect! A lawyer may state a specialization, provided he does not assert he is a 'certified' specialist without stating a legitimate certifying organization sanctioned by the state or the state bar. Since Shrikant did not state he is certified as a specialist in tax law, he is not subject to discipline. A lawyer may name a former client in an advertisement, provided he obtains written permission from that client. See Model Rule 7.2, Comment [2]. Therefore, Choice (b) is the best answer.
Correct
Incorrect!
Question 5
Lawyer Sheelah Cilantro advertises on a local cable television station. A client of hers agreed to go before a video camera to honestly state how she felt about Sheelah. Sheelah's goal was to capture her clients on video in a natural fashion, hopefully to convince prospective clients that she was also "for real." Sheelah's client was very satisfied with the legal services she obtained, having just settled for $50,000.00 with an insurance company on a personal injury claim. The client states in the commercial, "I struggled forever with an insurance company to get money I deserved. When I hired Sheelah, she took the matter into her own hands and showed me the money. Hire Sheelah I'm telling you, she'll show you the money, too!" Is Sheelah subject to discipline?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct A lawyer may not place a 'false or misleading' advertisement. This includes making statements that could create 'unjustified expectations' of positive results. See Model Rule 7.1. Anything about a lawyer's record in obtaining positive verdicts, or anything containing a victorious client's endorsement may arouse the suspicion of the ethical authorities. See Comment to Model Rule 7.1. Therefore, choice (d) is the best answer ' Sheelah's commercial creates unjustified expectations in the mind of the viewer, and Sheelah did not state that results are varied when it comes to victory in court. Choice (a) does not adequately state that Sheelah's obligation not to create 'unjustified expectations' was met.
Incorrect! A lawyer may not place a 'false or misleading' advertisement. This includes making statements that could create 'unjustified expectations' of positive results. See Model Rule 7.1. Anything about a lawyer's record in obtaining positive verdicts, or anything containing a victorious client's endorsement may arouse the suspicion of the ethical authorities. See Comment to Model Rule 7.1. Therefore, choice (d) is the best answer ' Sheelah's commercial creates unjustified expectations in the mind of the viewer, and Sheelah did not state that results are varied when it comes to victory in court. Choice (a) does not adequately state that Sheelah's obligation not to create 'unjustified expectations' was met.
Question 6
Lawyer Jordi Savant's Yellow Pages advertisement shows him, in one picture, playing racquetball with a judge in his black robes. In another picture, Jordi is shown with a robed judge proposing a toast in a restaurant. In actuality, the "judge" is a family court judge with whom Jordi went to law school. Is Jordi nonetheless subject to discipline?
Correct
Incorrect!
Correct Model Rule 7.1(b) holds that if a lawyer 'states or implies that the lawyer can achieve results by means that violate the rules of professional conduct,' then the lawyer will be subject to discipline. In his advertisement, Jordi makes it seem that he has special influence with the judiciary, and that he might be able to sway their opinion in the courtroom because of his relationship with the judge. Implying such is a violation of the ethical rules. See Model Rule 8.4(f). Therefore, choice (b) is the best answer. Choices (a) and (c) are irrelevant for purposes of ascertaining whether or not Jordi is unethically implying he has a special relationship with a judge that might assist a client.
Incorrect! Model Rule 7.1(b) holds that if a lawyer 'states or implies that the lawyer can achieve results by means that violate the rules of professional conduct,' then the lawyer will be subject to discipline. In his advertisement, Jordi makes it seem that he has special influence with the judiciary, and that he might be able to sway their opinion in the courtroom because of his relationship with the judge. Implying such is a violation of the ethical rules. See Model Rule 8.4(f). Therefore, choice (b) is the best answer. Choices (a) and (c) are irrelevant for purposes of ascertaining whether or not Jordi is unethically implying he has a special relationship with a judge that might assist a client.
Correct
Incorrect!
Question 7
Lawyers Zoltan and Jorg place an advertisement for their services in the local newspaper. They call their firm "The Practice." Their advertisement consists solely of the word "advertisement," the name "The Practice," their address, phone number and email, and states that they specialize in trusts and estates. What is missing from the advertisement that subjects Zoltan and Jorg to discipline?
Correct
Incorrect!
Correct Included in an advertisement for a law firm must be the name of at least one partner or individual responsible for the contents of the advertisement. See Model Rule 7.2(d). Therefore, choice (b) is correct. Choice (a) is not correct, because a lawyer does not have to place fee information in an advertisement for services. Choice (c) is not correct, because a lawyer may state a specialization without qualification. If the lawyer states that he is 'certified' in a specialty, then the name of the board-approved certifying organization must accompany the statement.
Incorrect! Included in an advertisement for a law firm must be the name of at least one partner or individual responsible for the contents of the advertisement. See Model Rule 7.2(d). Therefore, choice (b) is correct. Choice (a) is not correct, because a lawyer does not have to place fee information in an advertisement for services. Choice (c) is not correct, because a lawyer may state a specialization without qualification. If the lawyer states that he is 'certified' in a specialty, then the name of the board-approved certifying organization must accompany the statement.
Correct
Incorrect!
Question 8
Lawyer Jerry Makubuya airs a television commercial for his services on a local station. It is a rather simple advertisement (made on a phenomenally low budget on digital video) featuring Jerry discussing his services. The commercial only aired once, because Jerry decided he didn't think it successfully communicated things about his practice that clients would find attractive. He threw away the disc containing the commercial and started afresh on another one. The next advertisement was also very simple, made again on digital video. The only material difference in the second advertisement was that Jerry discussed his specialty in greater detail, personal injury law and medical malpractice. Why might Jerry be subject to discipline?
Correct
Incorrect!
Correct
Incorrect!
Correct Model 7.2 (b) holds that a lawyer must keep a copy or a recording of every advertisement circulated in the media for at least two years. This requirement includes television and radio advertisements. In addition, the lawyer must keep a record of when and where the advertisement aired or was distributed.
Incorrect! Model 7.2 (b) holds that a lawyer must keep a copy or a recording of every advertisement circulated in the media for at least two years. This requirement includes television and radio advertisements. In addition, the lawyer must keep a record of when and where the advertisement aired or was distributed.
Question 9
Two respected partners in a law firm, Bulghar and Mheat, are a bit concerned about the advertisement they placed on a billboard six months ago. They heard they have been the butt of some jokes related to the name of their firm, which is appropriately Bulghar & Mheat, P.C. Bulghar and Mheat therefore agree to hire a billboard artist to redo their advertisement, calling their firm "Johnson & Smith, P.C." instead. Are Bulghar and Mheat subject to discipline?
Correct Model Rule 7.5(a) holds that firms may not practice under a misleading name. Additionally, Model Rule 7.1 holds that a lawyer may not make a 'false or misleading communication.' Choice (b) is incorrect because trade names thus are allowed, so long as they are not deceptive. It would be deceptive for Mheat and Bulghar to advertise under the names of Johnson and Smith, since on the facts there is no one in their firm by that name. As such, choice (a) is correct. Choice (c) is not a true restatement of the Model Rules. There is no such prohibition on changing advertisements after a certain period of time.
Incorrect! Model Rule 7.5(a) holds that firms may not practice under a misleading name. Additionally, Model Rule 7.1 holds that a lawyer may not make a 'false or misleading communication.' Choice (b) is incorrect because trade names thus are allowed, so long as they are not deceptive. It would be deceptive for Mheat and Bulghar to advertise under the names of Johnson and Smith, since on the facts there is no one in their firm by that name. As such, choice (a) is correct. Choice (c) is not a true restatement of the Model Rules. There is no such prohibition on changing advertisements after a certain period of time.
Correct
Incorrect!
Correct
Incorrect!
Question 10
Attorneys Derekk Ding and Flaura Seitan worked together in a law partnership under the name Seitan and Ding, L.P. for many years. They had a thriving practice on a busy city street right next to a major shopping mall. Flaura started getting antsy when she turned 55. She thought about retiring to Scottsdale, where a number of her friends had already moved, and where her favorite sweater store was located. Derekk was disconsolate upon realizing that Flaura was going to leave the practice. It was as if he were going through a turbulent divorce. When Flaura finally split, Derekk was in denial. He never changed the firm's trade name, and continued to practice under Seitan and Ding, L.P. Flaura never knew about this, partly because she is not involved in the practice of law. Might Derekk be subject to discipline?
Correct
Incorrect!
Correct While Comment [1] to Model Rule 7.5 notes that 'it is misleading to use the name of a lawyer not associated with the firm or a predecessor of the firm,' there is an exception for lawyers who have died or retired. A law firm is entitled to use the name of a partner who has died or retired. Therefore, choice (b) is the best answer, and choices (a) and (c) are incorrect. However, if Flaura decided to go back into business and practice law again with a different firm or on her own, Derekk would be required by the rules to change his trade name so as not to mislead the public about any association with Flaura.
Incorrect! While Comment [1] to Model Rule 7.5 notes that 'it is misleading to use the name of a lawyer not associated with the firm or a predecessor of the firm,' there is an exception for lawyers who have died or retired. A law firm is entitled to use the name of a partner who has died or retired. Therefore, choice (b) is the best answer, and choices (a) and (c) are incorrect. However, if Flaura decided to go back into business and practice law again with a different firm or on her own, Derekk would be required by the rules to change his trade name so as not to mislead the public about any association with Flaura.