advertising/judicial rules

Question 1

False Advertising

Answer 1

M.R. 7.1: L shall not make a: False or Misleading Communication about L or L’s services.

M.R. 7.1: A communication is false & misleading if it contains: Material misrepresentation of fact or law, or Omits a fact necessary to make statement not materially misleading.

Question 2

Advertising areas of law

Answer 2

M.R. 7.4(a): L may communicate that L practices in a particular field of law.

M.R. 7.4 (b): If admitted before United States Patent & Trademark Office, L may use designation “Patent Attorney.”

CPA’s may include designation of CPA on business cards, letterhead & directory listing.

Question 3

Specialization on advertising

Answer 3

M.R. 7.4(d): L shall not imply L is certified as a specialist, unless:

(1) L has been certified as a specialist by organization:

Approved by state authority, or
Accredited by ABA; &

(2) Name of organization is clearly identified

Question 4

First names and letterhead

Answer 4

M.R. 7.5(a): L shall not use a:

Firm name or

Letterhead

That is misleading

Question 5

Trade Names

Answer 5

Trade name o.k. if no confusion with:

Government agency, or

Public legal services organization, &

Is not misleading.

Question 6

multi state names

Answer 6

M.R. 7.5 (b): Firm with offices in more than one state may use same name, but must:

Indicate jurisdictional limitations of lawyers

Not licensed in state where office located.

Question 7

Partnership advertising

Answer 7

M.R. 7.5 (d): Lawyers may:

Imply they practice in a partnership or other organization

Only when that is the fact

Question 8

In person Solicitation

Answer 8

M.R. 7.3 (a): L shall not: In-person, or by Real-time communication Solicit for economic gain, unless the person is another lawyer, family, close personal friend, or a prior client.

M.R. 7.3 (b): L shall not solicit a person even when permitted by 7.3(a) if:Person expressed desire not to be solicited; or Solicitation involves coercion, duress or harassment.

Question 9

Recommending services

Answer 9

M.R. 7.2(b): L shall not give anything of: Value to a person for Recommending L’s services. Except that a lawyer may pay reasonable cost of advertisements or for a lawyer referall service approved by the regulatory authority.

Question 10

solicitation by mail

Answer 10

First amendment prohibits total ban on:

Truthful & non-deceptive letters,

Targeted to people facing

Specific legal problems.

Question 11

judicial appearance

Answer 11

J shall avoid even appearance of impropriety in all activities.

Would a reasonable person think Judge’s actions impair ability to act with:

Integrity,

Impartiality &

Competence.

Question 12

Judicial actions

Answer 12

Judges must be patient, dignified and courteous.

Question 13

Judicial recusal

Answer 13

A judge must recuse themselves when the judge or their family members have a economic or other interest in the case that could be substantially effected by the case.

Question 14

Judges economic interest

Answer 14

J must keep informed about his/her economic interests and they must not engage in Financial dealings that involve: Frequent transactions, or Dealings with persons Likely to come before J in court

Question 15

judge was a lawyer

Answer 15

Disqualification required in a case judge formerly served as a lawyer.

Question 16

Lawyer if former colleague

Answer 16

Recusal only required if L worked on case while J still practicing law with L.

Question 17

Judicial Ex parte communications

Answer 17

J may not have ex parte communications on merits of pending case.
Canon 3A(4).

J may have ex parte contacts on:

Non-substantive matters; &

With consent, meet ex parte in settlement talks.
Cannon 3(B)(7).

J may not make:

Public comments that might reasonably affect outcome of case, or

Nonpublic comments that might substantially interfere with fair trial.