Kaplan Mod 10

Question 1

Generally advertisements for attorney services are permitted as long as they don’t have what?

Answer 1

False or misleading statements

Question 2

What makes a communication in advertising for an attorney misleading?

Answer 2

If it has misrepresentations of fact or law, or if it omits necessary facts

Question 3

If an attorney advertisement said “I have never lost a case“ but the attorney had never actually tried a case, would that be considered misleading?

Answer 3

Yes

Question 4

Would it be possible for an attorney advertisement to be true but still misleading?

Answer 4

Yes, so the rules require that it must be both true and not misleading

Question 5

What does it mean for an advertisement to be misleading?

Answer 5

There is a substantial likelihood that the communication would lead a reasonable person to form a specific conclusion about the attorney or his services that has no reasonable foundation

Question 6

What is an easy way to avoid an advertisement from being misleading?

Answer 6

Include a disclaimer or qualifying language in the ad

Question 7

Is an attorney allowed to advertise that she is the best malpractice attorney in town?

Answer 7

No, because this involves a subjective judgement that cannot be substantiated

Question 8

What is the general rule about attorney referrals?

Answer 8

Attorneys must not give anything of value to a person for recommending their services, with certain exceptions

Question 9

What is considered to be something of value that cannot be given by an attorney for someone recommending his services?

Answer 9

Money or gifts, but a token item such as one given for a holiday is usually ok. I.e: a bottle of wine or flowers are usually fine unless they are intended to be compensation for the recommendation

Question 10

What are the exceptions to the rule that attorneys should not give anything of value for someone recommending their services?

Answer 10

Legal service plans, not for profit organizations, and qualified attorney referral services. Attorneys are permitted to pay the usual charges to participate in these kinds of plans

Question 11

Is it permissible for an attorney to enter into a reciprocal referral arrangement with another attorney or a non-attorney?

Answer 11

Yes, as long as the client is informed of the arrangement and it isn’t exclusive

Question 12

What are situations that attorneys can solicit professional employment by in person, live telephone, or real-time electronic contact?

Answer 12

If they have no significant motive for pecuniary gain, or if one of those three exceptions applies

Question 13

Would it be permissible for an attorney to post on social media that he is looking for a client to represent to help him challenge a law?

Answer 13

Yes, because he is not looking for pecuniary gain, his motive is to reform the law

Question 14

Once a named attorney has retired or passed away, can the firm continue to use his name?

Answer 14

Yes, the only time it would have to be removed is if he held political office

Question 15

What is the difference between advertising and solicitation?

Answer 15

Advertising communicates broadly to a segment of the population, while solicitation is directed at a specific person that the lawyer knows or should know needs legal services

Question 16

What is the rule about firm names and connections to government or legal services organizations?

Answer 16

It is permissible for a firm to use a trade name as long as it doesn’t imply a connection with a government or legal services organization