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Model Rules of Prof’l Conduct r. 7.1 cmt. 1 (Am. Bar Ass’n 2016).
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1Under the Model Rules of Professional Conduct (MRPC), do all types or methods of communication by a lawyer about herself as a lawyer or about her s...
Under the Model Rules of Professional Conduct (MRPC), do all types or methods of communication by a lawyer about herself as a lawyer or about her services fall within the rules of professional conduct?2May a lawyer make a false or misleading communication about herself or her services?
May a lawyer make a false or misleading communication about herself or her services?3In a lawyer’s communication about himself or his services, might truthful statements about the lawyer’s past results for clients be considered misl...
In a lawyer’s communication about himself or his services, might truthful statements about the lawyer’s past results for clients be considered misleading?4In a lawyer’s communication about himself or his services, might an unsubstantiated statement comparing the lawyer’s fees or services to those of o...
In a lawyer’s communication about himself or his services, might an unsubstantiated statement comparing the lawyer’s fees or services to those of other lawyers be misleading?5May a lawyer advertise his legal services through written, recorded, or electronic communication?
May a lawyer advertise his legal services through written, recorded, or electronic communication?6A lawyer represented clients in personal-injury cases. The lawyer’s average recovery for clients was $50,000, but the lawyer had recently obtained ...
A lawyer represented clients in personal-injury cases. The lawyer’s average recovery for clients was $50,000, but the lawyer had recently obtained a judgment of $1,000,000 on behalf of a client. The client encouraged the lawyer to produce a television commercial advertising the lawyer’s services and volunteered to appear in the commercial. The lawyer agreed. In the commercial, the client said, “When I was injured, the lawyer fought for my rights and got me $1,000,0000. You can be next!” The commercial included no disclaimers or qualifying language about other client outcomes or differences among cases. The lawyer had the commercial aired on local television stations. Has the lawyer committed professional misconduct?7In an advertisement, may a lawyer include the kinds of services the lawyer will provide, the basis for determining the lawyer’s fees, the lawyer’s ...
In an advertisement, may a lawyer include the kinds of services the lawyer will provide, the basis for determining the lawyer’s fees, the lawyer’s foreign-language ability, and the names of clients or references, in addition to other information that might attract persons seeking legal services?8Under the MRPC, what is a solicitation?
Under the MRPC, what is a solicitation?9In general, may a lawyer solicit clients in person, by live telephone, or by real-time electronic methods of contact?
In general, may a lawyer solicit clients in person, by live telephone, or by real-time electronic methods of contact?10In general, may a lawyer use written, recorded, or electronic communications, other than real-time communications, to solicit employment from a per...
In general, may a lawyer use written, recorded, or electronic communications, other than real-time communications, to solicit employment from a person known to need legal services in a particular matter?11If a lawyer uses a written, recorded, or electronic communication to solicit employment from a person known to need legal services in a particular ...
If a lawyer uses a written, recorded, or electronic communication to solicit employment from a person known to need legal services in a particular matter, must the communication include a notification that the communication is an advertisement?12If a lawyer is otherwise allowed to solicit a person, may the lawyer solicit that person if the person has made known to the lawyer a desire not to...
If a lawyer is otherwise allowed to solicit a person, may the lawyer solicit that person if the person has made known to the lawyer a desire not to be solicited?13What is a legal-service plan?
What is a legal-service plan?14What is a lawyer-referral service?
What is a lawyer-referral service?15Despite the general rule against real-time solicitation of clients, may a lawyer participate in a prepaid or group legal-service plan that uses rea...
Despite the general rule against real-time solicitation of clients, may a lawyer participate in a prepaid or group legal-service plan that uses real-time contact to solicit memberships or subscriptions?16May a lawyer pay the fees of a legal-service plan or a lawyer-referral service?
May a lawyer pay the fees of a legal-service plan or a lawyer-referral service?17In general, may a lawyer give a person something of value in exchange for recommending the lawyer’s services?
In general, may a lawyer give a person something of value in exchange for recommending the lawyer’s services?18A lawyer had successfully represented a client in a tax dispute. The lawyer asked the client if she would endorse the lawyer’s services to people w...
A lawyer had successfully represented a client in a tax dispute. The lawyer asked the client if she would endorse the lawyer’s services to people who she knew were involved in similar disputes. The client said she would but asked the lawyer to buy her a watch in exchange for her efforts. May the lawyer buy the client the watch in exchange for recommending the lawyer’s services?19What is a reciprocal-referral agreement?
What is a reciprocal-referral agreement?20A lawyer represented clients in personal-injury matters. A doctor had an office in the lawyer’s building and often treated patients who had suffere...
A lawyer represented clients in personal-injury matters. A doctor had an office in the lawyer’s building and often treated patients who had suffered injuries in automobile accidents. The lawyer asked the doctor whether the doctor would be interested in receiving referrals from the lawyer and in providing referrals to the lawyer. The doctor agreed. The referral agreement between the doctor and the lawyer was nonexclusive. The doctor subsequently referred a woman to the lawyer. The woman and the lawyer met, and the woman retained the lawyer to represent her. The lawyer made no mention of the agreement between the lawyer and the doctor.Has the lawyer committed professional misconduct?21A lawyer and a doctor entered into a nonexclusive reciprocal-referral agreement. The doctor realized that she was referring more patients to the la...
A lawyer and a doctor entered into a nonexclusive reciprocal-referral agreement. The doctor realized that she was referring more patients to the lawyer than the lawyer was referring clients to the doctor, and the doctor threatened to back out of the reciprocal-referral agreement. The lawyer offered to pay the doctor $100 for every patient the doctor referred to the lawyer who ultimately retained the lawyer’s services. The doctor agreed. Has the lawyer committed professional misconduct?22May a lawyer communicate that she accepts or does not accept certain types of cases, that she is a “specialist,” or that she “specializes” in a par...
May a lawyer communicate that she accepts or does not accept certain types of cases, that she is a “specialist,” or that she “specializes” in a particular area of law?23Under the MRPC, on what conditions may a lawyer hold herself out as a certified specialist in a area of law?
Under the MRPC, on what conditions may a lawyer hold herself out as a certified specialist in a area of law?24May a lawyer who is admitted to practice before the United States Patent and Trademark Office refer to herself as a “Patent Attorney” or other subs...
May a lawyer who is admitted to practice before the United States Patent and Trademark Office refer to herself as a “Patent Attorney” or other substantially similar designation?25A lawyer had represented clients in employment-law matters for 30 years. He practiced exclusively in the area of employment law but had no official...
A lawyer had represented clients in employment-law matters for 30 years. He practiced exclusively in the area of employment law but had no official certifications in that field.May the lawyer communicate to prospective clients that he is certified as a specialist in the field of employment law? To flip this card, please start your free trial or log in.