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.
FALSE
B.
TRUE
Question #4
The changes in the ethics rules about advertising were brought about because:
A.
The US Supreme Court overturned state ethics rules
B.
Several state bars decided to change the rules to address consumer need
C.
Most lawyers strenuously objected to the restrictions on advertising
D.
Pressure was brought by the ABA through its Model Rules
Question #5
In Bates v. State Bar of Arizona,
A.
HALT sued Bates to allow advertising
B.
The State Bar challenged the ABA rules on advertising
C.
A consumer group challenged lawyer advertising
D.
Two lawyers challenged their discipline for 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.
Lawyers can do any kind of ads they want
C.
Bars cannot discipline lawyers at all for advertising
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 hires a person to recruit clients from a hospital
B.
A law firm has a website with general legal information on it
C.
A lawyer participates in a webinar about legal issues
D.
A lawyer participates in a blog about law
Question #9
Solicitation is defined as:
A.
Any unrequested contact with a prospective client
B.
Direct unrequested contact with a prospective client to obtain employment
C.
Face-to-face contact with someone to offer legal services
D.
Contact with a prospective client where there is unfair bargaining position
Question #10
The rules against solicitation by lawyers:
A.
None of these
B.
Do not extend to paralegals and other employees
C.
Extend to employees but not independent contractors
D.
Prohibit a paralegal from soliciting for the lawyer
Question #11
All of the following would be "false or misleading" communications except:
A.
A communication that contains an express guarantee or warranty of the result of a particular representation
B.
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.
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.
Communication stating the basis on which fees are determined, including prices for specific services and payment and credit arrangements.
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 three pronged test used to determine whether government regulation of commercial speech is permissible under the First Amendment of the U.S. Constitution
B.
a test administered by the State Bar regulating who may practice law
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.
TRUE
B.
FALSE
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 may exert pressure on a vulnerable person
B.
because it demands an immediate response without providing an opportunity for comparison or reflection
C.
all of these
D.
because it encourages speedy and uniformed decisions without opportunity for countereducation
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