ABA Model Rules - Rule 7 Questions Flashcards
What communications does Rule 7.1 govern?
“This Rule governs all communications about a lawyer’s services, including advertising. Whatever means are used to make known a lawyer’s services, statements must be truthful.”
Comment [1]
Rule 7.1: Are misleading but truthful statements allowed?
Misleading truthful statements are prohibited by this Rule.
Comment [2]
Rule 7.1: When is a truthful statement misleading?
A truthful statement is misleading if:
(1) it omits a fact necessary to make the lawyer’s communication as a whole not materially misleading;
(2) a substantial likelihood exists that it will lead a reasonable person to formulate a specific conclusion about the lawyer or the lawyer’s services for which there is no reasonable factual foundation.
(3) It is presented in a way that creates a substantial likelihood that a reasonable person would believe the lawyer’s communication requires that person to take further action when, in fact, no action is required.
Comment [2]
Rule 7.1: Can a communication be truthful and misleading when it reports a lawyer’s own achievements on behalf of clients?
Yes, a communication that reports a lawyer’s own achievements may be misleading if presented so as to lead a reasonable person to form unjustified expectations that the same results could be obtained in similar matters without reference to the specific factual and legal circumstances of each client’s case.
Comment [3]
Rule 7.1: Can an unsubstantiated comparison of a lawyer’s or law firm’s services or fees in comparison to another lawyer’s or law firm’s services be misleading?
Yes, it may be misleading with such specificity as that would lead a reasonable person to conclude that the comparison or claim is is substantiated.
Comment [3]
Rule 7.1: Does it matter if an appropriate disclaimer or qualifying language is included?
It may [not will] preclude a finding that a statement is likely to create unjustified expectations or otherwise mislead the public.
Comment [3]
Rule 7.1: Are lawyers allowed to engage in conduct involving dishonesty, deceit, or misrepresentation?
No. It is professional misconduct to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
Comment [4]
Rule 7.1: Can the name of a law firm be misleading?
Yes. A law firm name or designation is misleading if it implies a connection with a government agency, with a deceased lawyer who was not a former member of the firm, with a lawyer not associated with the firm or a predecessor firm, with a nonlawyer or with a public or charitable legal services organization.
Comment [5]
Rule 7.1: Can a law firm’s trade name be misleading if it includes a geographical name?
If a firm uses a trade name that includes a geographical name such as “Springfield Legal Clinic,” an express statement explaining that it is not a public legal aid organization may be required to avoid a misleading implication
Comment [5]
Rule 7.1: May a law firm with offices in more than one jurisdiction use the same trade name or professional designation?
Yes, a law firm with offices in more than one jurisdiction may use the same name or other professional designation in each jurisdiction.
Comment [6]
Rule 7.1: May lawyers imply or hold themselves out as practicing together in one firm when they are not a firm as defined in Rule 1.0(c)?
No, lawyers may not imply or hold themselves out as practicing together when they are not a firm as defined in Rule 1.0(c), because to do so would be false or misleading.
Comment [7]
Rule 7.1: Is it misleading to use the name of a lawyer holding public office in the name of a law firm, or in communications on the law firm’s behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm?
Yes, it is misleading to use the name of a lawyer holding public office in the name of a law firm, or in communications on the law firm’s behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm.
Comment [8]
Rule 7.2: What does this rule do?
“This Rule permits the public dissemination of information concerning:
a lawyer’s or law firm’s name, address, email address, website, and telephone number;
the kinds of services the lawyer will undertake;
the basis on which the lawyer’s fees are determined, including prices for specific services and payment and credit arrangements;
a lawyer’s foreign language ability;
names of references, and with their consent, names of clients regularly represented;
and other information that might invite the attention of those seeking legal services.”
Comment [1]
Rule 7.2: Are lawyers permitted to pay others for recommending the lawyer’s services?
No. The only exceptions are those covered by rules (b)(1)-(5).
(b) A lawyer shall not compensate, give or promise anything of value to a person for recommending the lawyer’s services except that a lawyer may:
(1) pay the reasonable costs of advertisements or communications permitted by this Rule;
(2) pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service;
(3) pay for a law practice in accordance with Rule 1.17;
(4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the person to refer clients or customers to the lawyer, if:
(i) the reciprocal referral agreement is not exclusive; and
(ii) the client is informed of the existence and nature of the agreement; and
(5) give nominal gifts as an expression of appreciation that are neither intended nor reasonably expected to be a form of compensation for recommending a lawyer’s services.
Comment [2]
Rule 7.2: What is a recommendation?
“A communication contains a recommendation if it endorses or vouches for a lawyer’s credentials, abilities, competence, character, or other professional qualities.”
Comment [2]
