Advertising and Solicitation Flashcards

A lawyer sends an unsolicited email advertising services to a list of strangers. Under the Model Rules, this is:

Answer: Permitted as long as it complies with applicable rules and is not false or misleading

Unsolicited email advertising is treated similarly to direct mail under the Model Rules and is permitted as long as it is not false or misleading and otherwise complies with applicable rules.

A law firm pays a social media influencer to post content recommending the firm to followers. Under Model Rule 7.2(b), this arrangement is:

Answer: Prohibited because it involves paying a non-lawyer to recommend the lawyer's services

MR 7.2(b) prohibits giving anything of value to a person for recommending the lawyer's services, which includes paying influencers to endorse the firm.

A lawyer who is also a real estate broker contacts her real estate clients to offer them legal services for their property transactions. Under Model Rule 7.3, this contact is:

Answer: Permitted because she has a prior professional relationship with those clients

Under MR 7.3(b)(1), a lawyer may use in-person contact to solicit professional employment from a prospective client who has a prior professional relationship with the lawyer.

Under the Model Rules, a lawyer may compensate a person for assisting in solicitation of a client only if:

Answer: The payment is made to a qualified lawyer referral service as its usual charges, or to an approved nonprofit legal aid program

MR 7.2(b) lists narrow exceptions permitting compensation for referrals, including payments to qualified lawyer referral services or nonprofit legal services organizations.

A lawyer sends a personalized letter to a bankruptcy filer whose case is a matter of public record, offering to assist with post-bankruptcy credit repair legal issues. Under the Model Rules, this communication is:

Answer: Permitted written solicitation as long as it complies with applicable rules

Using public court records to target written solicitations is permitted under the Model Rules so long as the communication is truthful, not misleading, and complies with applicable state requirements.

A lawyer truthfully advertises a $500 flat fee for drafting a simple will. Under the Model Rules:

Answer: The advertisement is permitted, but the lawyer must honor the advertised fee for any matter reasonably falling within its scope

Under MR 7.2 and associated comments, a lawyer who advertises a specific fee must honor that fee for any matter that reasonably falls within the scope of the advertised service.

A law firm uses a trade name such as 'Victory Legal Group' that does not include any individual lawyer's name. Under Model Rule 7.5, this is:

Answer: Permitted as long as the name is not false or misleading

Under MR 7.5, a lawyer may practice under a trade name as long as it is not false or misleading; names suggesting guaranteed outcomes or other misleading implications would violate Rule 7.1.