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MPRE > Communication about Legal Services > Flashcards

Communication about Legal Services Flashcards

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1
Q

What is the general rule about communications?

A

Must not be false or misleading.

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2
Q

What communications are covered under the AD rule?

A 
Websites
Business Cards
Ads 
Letter heads
Mailing
Voicemail
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3
Q

What are ways a communication could be false or misleading?

A
  1. Omitted Facts
  2. Unfounded Conclusions
  3. Unjustified Expectations based on the past results
  4. Unsubstantiated conclusions
  5. Outright Falsehood
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4
Q

What is an omitted fact

A

Misleading if leaves out fact necessary
to make communication as a whole not materially
misleading

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5
Q

What is an unfounded conclusion

A

Misleading if substantial
likelihood reasonable person will formulate specific
conclusion without reasonable factual foundation.

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6
Q

What is an unjustified expectation based on past results

A

Misleading if reasonable person could think that lawyer
could do as well in a similar case, without regard to
facts and law in that case.

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7
Q

What is an substantiated comparison?

A

Misleading if reasonable person would think comparison can be substantiated.

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8
Q

How do you cure what could be a false or misleading claim?

A

Add a disclaimer in the communication.

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9
Q

What information must be on all communications about a lawyer or legal services?

A
  1. Name of at least one lawyer in the firm responsible for the content.
  2. Contact information - can be a phone number/email/website
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10
Q

Can a law firm name or designation include: names of deceased or retired partners?

A

Yes

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11
Q

Can a law firm name or designation include: a partner that is in public office during any substantial period if they are not actively practicing law?

A

No

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12
Q

Can a law firm name or designation include: a trade name?

A

Yes unless it is misleading.

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13
Q

Is it misleading for a solo practitioner to write “Gould and Associates”?

A

Yes because there are no other lawyers.

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14
Q

Is a tradename misleading if it implied a connection with a government agency or charity?

A

Yes

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15
Q

Can a tradename include a geographical name?

A

Yes must may require a disclaimer.

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16
Q

Can a lawyer state that they practice in or specialize in certain fields?

A

Yes so long as it is based on education, training, or experience and is not misleading.

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17
Q

What is required if a lawyer implies or states that they are a certified specialist?

A
  1. Must be certified by org accredited by ABA or by state

2. Must clearly identify the certifying organization.

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18
Q

What is the rule regarding recommendations or referrals?

A

Cannot give or promise anything of value for a recommendation.

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19
Q

Are nominal gifts allowed for recommendations?

A

Yes if it is a token of appreciation after the fact and is not promised in exchange for the recommendation or if there is an expectation of more gifts in the future.

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20
Q

Can a lawyer pay for advertising or other services?

A

Yes

  1. Reasonable costs of advertising
  2. Usual charges of legal service plan or group plan
  3. Cost of participating in non profit referral services
    - must be compatible with professional obligations.
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21
Q

Can a lawyer enter into a reciprocal referral agreement with a lawyer or non lawyer professional?

A

Yes but

  1. Can’t be exclusive
  2. Should not be of an indefinite duration
  3. Referred client must be told.
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22
Q

Is an advertisement a solicitation?

A

No - ads are to the public - solicitation is targeted communication to a specific party.

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23
Q

What is a solicitation?

A

Communication initiated by or on behalf
of lawyer and directed to a specific person known to
need legal services in a particular matter

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24
Q

Are person to person live contacts allowed.

A

No when signficant motive is money.

25
Q

What is covered by person to person live contact?

A

In person
Telephone contact
Real time audio or video
- cannot solicit people in real time.

26
Q

Can you send texts, emails, letters, and recorded messages as soliciations?

A

Yes because it is not live in person.

27
Q

When does the person to person live contact ban apply?

A

When the solicitation is motivated by pecuniary gain.

28
Q

What parties are not covered under the person to person live contact ban?

A
  • Relatives
  • Close friends
  • Persons with prior business relationships
  • Persons with prior professional relationships
  • Other lawyers
  • Routine business users of services
29
Q

Who might be considered a routine business user of law services?

A

A broker

30
Q

Is there a labeling requirement for ads anymore?

A

No

31
Q

In what situations are solicitations ban no matter what?

A

• Person has made known to lawyer that they do not
want the solicitation
• Solicitation amounts to coercion, duress, or harassment
• Specific legal restrictions (civil or criminal penalties) - fed and state law

32
Q

What are rules regarding group and prepaid services?

A

Lawyer can reach out to orgs about adopting the plan.

Lawyer cannot reach out to potential members

The plan can reach out to potential members if not known to need a particular service

Lawyer who owns or directs plan cannot provide legal services through the plan

33
Q

What can be in an advertisment

A 
Lawyer name
Contact info
Reference
foreign language skills
basis of payments and fees
34
Q

What is needed to identify clients in ads?

A

Their consent

35
Q

What kinds of names are misleading in a law firm name?

A

(i) a deceased lawyer who was not a former member of the firm,
(ii) the name of any lawyer who is not associated with the firm or predecessor firm,
or (iii) the name of a nonlawyer.

36
Q

If firms hold themselves out as being associated withone another, what is a draw back?

A

They are treated as a single unit for purposes of doing conflict checks.

37
Q

What are special designations that do not have to follow specialty designation rules?

A

Patent Attorney

Proctor in Admiralty

38
Q

Is a directory listing a prohibited recomendation?

A

No

39
Q

What is a solicitation?

A

A solicitation is a communication initiated by a lawyer or firm that is directed to a specific
person the lawyer knows or reasonably should know needs legal services in a particular matter,
and that offers to provide, or can reasonably be understood as offering to provide, legal services
for that matter

40
Q

Is this a solicitation? Communication (i) that is directed to the general
public (e.g., through a billboard, website, television commercial, or Internet banner advertisement); (ii) responds to a request for information; or (iii) is automatically generated in response to
an Internet search.

A

No

41
Q

True or False: a lawyer must not use an agent
(sometimes called a “runner” or “capper”) to contact prospective clients in a manner that
would violate the Rules of Professional Conduct.

A

True

42
Q

For a group plan, can the lawyer contact a sponsoring organization ?

A

Yes

43
Q

For a group plan, can the plan contact potential members?

A

Yes if the personal contact is not undertaken by the lawyer and the contacts are not known to need legal services.

44
Q

Can a lawyer in a group plan be an owner of the plan?

A

No

45
Q

Can a state flat our prohibit all advertising?

A

No - SCOTUS said so.

46
Q

What is the scrutiny standard for commercial speach?

A

Intermediate

Government must have substantial interest
Restriction must directly and materially advance the interest and
The regulation must be narrowly drawn.

47
Q

Attorney Perez of the Perez, O’Leary, & Miller law firm was elected to the state legislature. Perez periodically travels to the state capital for a few days at a time during the legislative season, but otherwise continues his practice.

May the firm continue to use Perez’s name?

A

Yes

48
Q

Name of City B Legal Aid needs what to not violate the rules?

A

City B Legal Aid Clinic” usually requires an express disclaimer that it isn’t a public legal aid organization.

49
Q

True or False: When partners die, successor partnerships may continue to use their names

A

True

50
Q

A firm is named “Glover, Peele, & Yang.” Glover and Yang are living partners. Peele was a partner but moved to a firm in a different state last year.

Is the name proper?

A

No need to remove Peele

51
Q

A firm is named “Domino, Peterson, & Keller.” Domino and Peterson are partners, and Keller is the firm’s head paralegal.

Is the firm name proper?

A

Cant name the firm after a non-lawyer

52
Q

What is required to call yourself a specialist?

A

Any lawyer may state that she is a “specialist” in a particular field of law based on her experience, specialized training, or education as long as the statement isn’t false or misleading

53
Q

What is required to call yourself a certified specialist?

A

(1) has been certified as a specialist by an organization approved by the ABA or a state authority, and (2) clearly identifies the certifying organization in the advertisement

54
Q

What is the recommendation and joint referral rule?

A

A lawyer generally may enter into a reciprocal referral agreement with another lawyer, or with a nonlawyer professional, if the agreement isn’t exclusive and the referred person is told about the agreement. However, such an agreement shouldn’t be indefinite in duration.

55
Q

Is a text message proper solicitation?

A

Yes as it is not live person to person contact

56
Q

What is a website message directed to the general public - advertising or solicitation?

A

Ad

57
Q

Mario places a FaceTime call to his best friend and offers to represent her in contesting a traffic ticket.

This is - proper or improper?

A

This is proper solicitation. Live person-to-person contact with certain persons, including close friends, is generally allowed.

58
Q

Jamila sends an e-mail to all members of her tennis club and encourages them to contact her for discounted services if they ever need a lawyer.

This is ad or solicitation?

A

It is an ad because there is no indication that the members of the club needed legal services.

59
Q

Lorenzo visits the owner of a shopping mall and says, “I heard you’re planning to lease out your top floor to a new department store. I know you always hire large firms to do your leasing work, but I have extensive experience in this field, and I’d like you to consider me for the job.”

Proper or improper?

A

This is proper solicitation. Live person-to-person contact with routine business users of the type of services offered is generally allowed. Lorenzo’s reference to the owner “always” hiring other firms for leasing work demonstrates that the owner is a routine user of these services.

MPRE (22 decks)

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