PLGL 142 - Law Office Procedures and Ethics » Sprimg 2023 » Advertising and Solicitation Quiz

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Question #1
A lawyer can advertise through written, recorded, or electronic media.
A.   TRUE
B.   FALSE
Question #2
A lawyer can make false or misleading communications about themselves or their services.
A.   FALSE
B.   TRUE
Question #3
A lawyer is never permitted to pay a referral fee to another lawyer in exchange for referring a client.
A.   TRUE
B.   FALSE
Question #4
The changes in the ethics rules about advertising were brought about because:
A.   Most lawyers strenuously objected to the restrictions on advertising
B.   Pressure was brought by the ABA through its Model Rules
C.   Several state bars decided to change the rules to address consumer need
D.   The US Supreme Court overturned state ethics rules
Question #5
In Bates v. State Bar of Arizona,
A.   A consumer group challenged lawyer advertising
B.   The State Bar challenged the ABA rules on advertising
C.   Two lawyers challenged their discipline for advertising
D.   HALT sued Bates to allow advertising
Question #6
As a result of changes in the ethics rules,
A.   Bars can adopt reasonable time, place and manner restrictions on ads
B.   Bars cannot discipline lawyers at all for advertising
C.   Lawyers can do any kind of ads they want
D.   Lawyers can do dignified advertising
Question #7
Since the changes in the ethics rules about lawyer advertising,
A.   Most lawyers who advertise are in small firms and do bankruptcy and family law
B.   Virtually all law firms have a marketing department or hire a marketing firm to help them
C.   Lawyer advertising has become widespread throughout the legal community
D.   Many bar associations have prohibited lawyers from advertising on the internet
Question #8
Which of the following is the most likely to violate the California ethics rules on advertising?
A.   A lawyer participates in a blog about law
B.   A law firm has a website with general legal information on it
C.   A lawyer hires a person to recruit clients from a hospital 
D.   A lawyer participates in a webinar about legal issues
Question #9
Solicitation is defined as:
A.   Any unrequested contact with a prospective client
B.   Contact with a prospective client where there is unfair bargaining position
C.   Face-to-face contact with someone to offer legal services
D.   Direct unrequested contact with a prospective client to obtain employment
Question #10
The rules against solicitation by lawyers:
A.   Prohibit a paralegal from soliciting for the lawyer
B.   Do not extend to paralegals and other employees
C.   None of these
D.   Extend to employees but not independent contractors
Question #11
All of the following would be "false or misleading" communications except:
A.   Communication stating the basis on which fees are determined, including prices for specific services and payment and credit arrangements.
B.   A communication that contains an express guarantee or warranty of the result of a particular representation
C.   A communication that states or implies that the lawyer is able to provide legal services in a language other than English unless the lawyer can actually provide legal services in that language
D.   Any communication that states or implies “no fee without recovery” unless the communication also expressly discloses whether or not the client will be liable for costs.
Question #12
A commercial for a law firm containing a client testimonial stating that "Attorney fought for me and got me $5 million" would be considered false or misleading if
A.   All of these
B.   it omits a a necessary fact
C.   it did not contain a disclaimer
D.   it may lead a potential client to form an unjustified expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
Question #13
The Central Hudson test is:
A.   a test administered by the State Bar regulating who may practice law
B.   a three pronged test used to determine whether government regulation of commercial speech is permissible under the First Amendment of the U.S. Constitution
C.   an examination that an attorney must take before being allowed to advertise
D.   None of these
Question #14
In California, if an attorney has not been certified by the State Bar Board of Specialization, the attorney may not state on her website that her practice specializes in probate law.
A.   FALSE
B.   TRUE
Question #15
Why does in-person solicitation by an attorney (or agent of the attorney) pose a significant potential harm to a prospective client?
A.   because it demands an immediate response without providing an opportunity for comparison or reflection
B.   all of these
C.   because it encourages speedy and uniformed decisions without opportunity for countereducation
D.   because it may exert pressure on a vulnerable person

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