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Question 1
Chloris, a family lawyer specializing in issues of domestic violence, does a tremendous amount of pro bono work for a non-profit single parent's assistance center in the community. The manager of the assistance center is grateful for the work Chloris has done, and asks Chloris if she would like to be added to the free "lawyer referral" list that the center maintains. Chloris isn't sure that she wants to be added, out of concern that such practices might violate the ethical rules she promised to uphold. By putting herself on the referral list, would Chloris be in violation of an ethical rule?
Correct
Incorrect!
Correct Lawyers may certainly participate in referral services that are not for profit. See Model Rule 7.2(c)(2). The Model Rules do not state whether lawyers are subject to discipline for listing with a for-profit referral service, so lawyers may generally participate in them ' although there is a question as to whether a lawyer may pay to gain entry onto the list. Here, since the single-parent assistance center is a non-profit organization, and the referral service is free, there is no ethical violation. Therefore, choice (b) is the best answer. Choice (c) is incorrect because the facts do not indicate that a client would suffer from an allegiance to Chloris and an allegiance to the center
Incorrect! Lawyers may certainly participate in referral services that are not for profit. See Model Rule 7.2(c)(2). The Model Rules do not state whether lawyers are subject to discipline for listing with a for-profit referral service, so lawyers may generally participate in them ' although there is a question as to whether a lawyer may pay to gain entry onto the list. Here, since the single-parent assistance center is a non-profit organization, and the referral service is free, there is no ethical violation. Therefore, choice (b) is the best answer. Choice (c) is incorrect because the facts do not indicate that a client would suffer from an allegiance to Chloris and an allegiance to the center
Correct
Incorrect!
Question 2
You are a gung-ho personal injury attorney who knows how to be aggressive in order to win business. You scan the police radio for information related to automobile accidents in the area. One day, you are listening to the radio and hear the name of Corbin Coriander as a car accident victim. You immediately look up Corbin's address and send him a letter, offering him legal services and telling him that "he'd be astonished to know how much his claim could bring!" In complying with the ethical rules, you label the envelope and the letter itself as an "advertisement." Is this a permissible solicitation?
Correct Generally, as long as the mailed advertisement is not false or misleading, or coercive, and labeled as 'Advertising Material,' a lawyer will not be subject to discipline. See Model Rule 7.3. Therefore, choice (a) is the best answer. Choice (b) is not applicable because Mr. Coriander was injured in a car accident. There is a 45-day federal law prohibiting lawyer contact with victims or families of victims of a plane crash, but this law does not apply on the facts. Choice (c) is incorrect because there exists no such Model Rule.
Incorrect! Generally, as long as the mailed advertisement is not false or misleading, or coercive, and labeled as 'Advertising Material,' a lawyer will not be subject to discipline. See Model Rule 7.3. Therefore, choice (a) is the best answer. Choice (b) is not applicable because Mr. Coriander was injured in a car accident. There is a 45-day federal law prohibiting lawyer contact with victims or families of victims of a plane crash, but this law does not apply on the facts. Choice (c) is incorrect because there exists no such Model Rule.
Correct
Incorrect!
Correct
Incorrect!
Question 3
You are a gung-ho personal injury attorney who knows how to be aggressive in order to win business. You scan the police radio for information related to automobile accidents in the area. One day, you are listening to the radio and hear the name of Corbin Coriander as a car accident victim. You immediately look up Corbin's address and send him a letter, offering him legal services and telling him that "he'd be astonished to know how much his claim could bring!" In complying with the ethical rules, you label the envelope and the letter itself as an "advertisement." After you send the letter, you hear nothing from Mr. Coriander. You wait two weeks before following up with another letter. Have you violated ethical rules?
Correct
Incorrect!
Correct According to the Model Rules, a lawyer may not solicit someone who has 'made known to the lawyer a desire not to be solicited.' If a lawyer receives no response to a mailing, and the lawyer makes another effort to communicate, the lawyer may be in violation of this prohibition. See Comment [5] to Model Rule 7.3. Therefore, choice (b) is the best answer. Choice (a) is incorrect because your second letter exposed you to discipline, notwithstanding the fact that you did not solicit Mr. Coriander in person. Choice (c) is incorrect because the Model Rules contain no such prohibition.
Incorrect! According to the Model Rules, a lawyer may not solicit someone who has 'made known to the lawyer a desire not to be solicited.' If a lawyer receives no response to a mailing, and the lawyer makes another effort to communicate, the lawyer may be in violation of this prohibition. See Comment [5] to Model Rule 7.3. Therefore, choice (b) is the best answer. Choice (a) is incorrect because your second letter exposed you to discipline, notwithstanding the fact that you did not solicit Mr. Coriander in person. Choice (c) is incorrect because the Model Rules contain no such prohibition.
Correct
Incorrect!
Question 4
Winthorp Gutierrez, Esq. is experiencing a lull in business. Perhaps it is due to the fact that a lot of people are away during the summer months. In order to gain business, he sits in his kitchen with the White Pages and makes random calls to people, offering them his skills as a trusts and estates attorney. Is Winthorp subject to discipline?
Correct
Incorrect!
Correct
Incorrect!
Correct In-person or live telephone solicitation with individuals whom a lawyer has had no relationship is prohibited -- if the purpose of the call is to solicit for-profit legal business. See Model Rule 7.3(a). Therefore, Winthorp is subject to discipline, and choice (c) is the best answer. The ethical authorities are concerned that lawyer contact with unacquainted individuals will constitute harassment or overreaching.
Incorrect! In-person or live telephone solicitation with individuals whom a lawyer has had no relationship is prohibited -- if the purpose of the call is to solicit for-profit legal business. See Model Rule 7.3(a). Therefore, Winthorp is subject to discipline, and choice (c) is the best answer. The ethical authorities are concerned that lawyer contact with unacquainted individuals will constitute harassment or overreaching.
Question 5
Lawyer Graham Kracker's wife Rayanne is a nurse at General Memorial Hospital. Graham gave Rayanne some of his business cards for Rayanne to give to patients in the hospital emergency room whom she suspects could use a good personal injury lawyer. Graham could use some more business, as he has to pay his kid's college tuition bill. Is Graham correct?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct If the primary motive for solicitation is pecuniary gain, a lawyer may not make in-person contact with a stranger, and especially not in a hospital where a patient might be most vulnerable. See Model Rule 7.3. Moreover, a lawyer's agent may not do what the lawyer himself may not do. As such, both choice (b) and (c) are correct, making (d) the best answer.
Incorrect! If the primary motive for solicitation is pecuniary gain, a lawyer may not make in-person contact with a stranger, and especially not in a hospital where a patient might be most vulnerable. See Model Rule 7.3. Moreover, a lawyer's agent may not do what the lawyer himself may not do. As such, both choice (b) and (c) are correct, making (d) the best answer.
Question 6
Gyorgy Porgyi thinks that giving free public lectures on the importance of estate planning would be a good way to obtain new clients. Gyorgy subsequently gives a lecture at a community center where many senior citizens congregate for card games and shuffleboard matches. About 50 people listen to Gyorgy speak eloquently on the positive uses for wills and trusts. He is surprised and a little disappointed when none of the attendees speaks with him or asks any questions following the lecture. However, Gyorgy is ecstatic when a few attendees call a couple of days later asking for help with their estate plans. His lecture plan worked!! But would Gyorgy be in violation of the ethical rules if he accepted the clients for a fee?
Correct
Incorrect!
Correct So long as a lawyer does not use a public lecture to brag about his credentials, creating unjustifiable expectations in the minds of listeners, and so long as the lawyer does not speak one-on-one with an attendee about the attendee's legal issues, the lawyer is entitled to make contact with clients in such a fashion. See Model Rule 7.3, regarding in-person solicitation; see also Model Rule 7.1(b) regarding creating unjustifiable expectations. Therefore, choice (b) is the best answer. Choices (a) and (c) are incorrect because there is no rule holding that a lawyer giving a public lecture may not thereafter accept attendees as clients for a fee.
Incorrect! So long as a lawyer does not use a public lecture to brag about his credentials, creating unjustifiable expectations in the minds of listeners, and so long as the lawyer does not speak one-on-one with an attendee about the attendee's legal issues, the lawyer is entitled to make contact with clients in such a fashion. See Model Rule 7.3, regarding in-person solicitation; see also Model Rule 7.1(b) regarding creating unjustifiable expectations. Therefore, choice (b) is the best answer. Choices (a) and (c) are incorrect because there is no rule holding that a lawyer giving a public lecture may not thereafter accept attendees as clients for a fee.
Correct
Incorrect!
Question 7
Geezelah is a lawyer with a friend who is a paralegal at a big-city firm. The paralegal proposes a great business deal. A lot of individuals call her firm about doing trusts and estates work, but the firm only handles large corporations. The paralegal tells Geezelah that she will refer some of these individuals to Geezelah, provided that Geezelah sends her $500 for each client retained. Geezelah agrees. Is she subject to discipline?
Correct
Incorrect!
Correct
Incorrect!
Correct According to Model Rule 7.2(c), a lawyer 'shall not give anything of value to a person for recommending the lawyer's services.' The prohibition certainly applies here, rendering Geezelah's agreement with the paralegal an unethical business practice. Choice (c) is correct. Choice (a) is wrong, because there is a difference between simply making 'business connections' and paying someone for referrals. Choice (b) is irrelevant, since Geezelah is paying the paralegal for the referrals
Incorrect! According to Model Rule 7.2(c), a lawyer 'shall not give anything of value to a person for recommending the lawyer's services.' The prohibition certainly applies here, rendering Geezelah's agreement with the paralegal an unethical business practice. Choice (c) is correct. Choice (a) is wrong, because there is a difference between simply making 'business connections' and paying someone for referrals. Choice (b) is irrelevant, since Geezelah is paying the paralegal for the referrals
Question 8
Geezelah is a lawyer with a friend who is a paralegal at a big-city firm. A lot of individuals call the paralegal's firm about doing trusts and estates work, but the firm only handles large corporations. The paralegal tells Geezelah that she will refer some of these individuals to Geezelah. Geezelah's infinitely grateful for the referrals, and when they start coming in, Geezelah gives her paralegal friend some nice gifts. Is Geezelah subject to discipline?
Correct
Incorrect!
Correct
Incorrect!
Correct Again, according to Model Rule 7.2(c), a lawyer 'shall not give anything of value to a person for recommending the lawyer's services.' The prohibition applies in this case, even though the paralegal friend never made any kind of agreement with Geezelah for money or gifts or any compensation. The bottom line is, a lawyer may not pay someone to obtain clients. There are certain exceptions ' including the situation where a lawyer decides to split a fee with another lawyer who will share work ' but that exception does not apply in this case. Therefore, choice (c) is the best answer.
Incorrect! Again, according to Model Rule 7.2(c), a lawyer 'shall not give anything of value to a person for recommending the lawyer's services.' The prohibition applies in this case, even though the paralegal friend never made any kind of agreement with Geezelah for money or gifts or any compensation. The bottom line is, a lawyer may not pay someone to obtain clients. There are certain exceptions ' including the situation where a lawyer decides to split a fee with another lawyer who will share work ' but that exception does not apply in this case. Therefore, choice (c) is the best answer.
Question 9
You randomly see a client of yours in the supermarket, Chris Dorfmann. It had been about a year or so since you last spoke to Mr. Dorfmann. You ask him how he's doing, and how his wife Shifra is. He says he's fine, but Shifra has been struggling with dementia. "She never knows where her keys are. Once she was locked outside the house for 12 hours and was so hungry she ate the crabapples on the tree outside the garage." You try to be tactful, and indicate that Mr. Dorfmann and Shifra could be helped by a review of their estate plans. "Why don't you come into my office on Monday? We'll take a look at your papers and make sure everything meets your needs." Mr. Dorfmann agrees. Have you violated the ethical rules?
Correct
Incorrect!
Correct The basic rule about solicitation is that a lawyer may not solicit business through live contact or over the phone. See Model Rule 7.3(a). However, the rules against in-person solicitation do not apply where a lawyer is soliciting family or a person with whom he has had a prior professional relationship. Therefore choice (b) is correct, and (a) is incorrect. It also does not matter that the lawyer has pecuniary gain in mind when soliciting a former client. Thus choice (c) is incorrect.
Incorrect! The basic rule about solicitation is that a lawyer may not solicit business through live contact or over the phone. See Model Rule 7.3(a). However, the rules against in-person solicitation do not apply where a lawyer is soliciting family or a person with whom he has had a prior professional relationship. Therefore choice (b) is correct, and (a) is incorrect. It also does not matter that the lawyer has pecuniary gain in mind when soliciting a former client. Thus choice (c) is incorrect.