MPRE Advertising and Solicitation 1 — Questions and Answers
Question 1: Under Model Rule 7.1, which of the following statements in a lawyer's advertisement would be PROHIBITED?
- I have 20 years of experience in criminal defense.
- I am the best criminal defense lawyer in the state. (Correct answer)
- I offer free initial consultations.
- I am licensed to practice in three states.
Correct answer: I am the best criminal defense lawyer in the state.
Under MR 7.1, a lawyer may not make false or misleading communications, and claiming to be 'the best' creates an unjustified expectation that cannot be verified.
Question 2: Under Model Rule 7.2, which of the following must appear in every lawyer advertisement?
- The lawyer's hourly billing rate
- The lawyer's bar admission date
- The name and contact information of at least one lawyer or law firm responsible for the content (Correct answer)
- A disclaimer that past results do not guarantee future outcomes
Correct answer: The name and contact information of at least one lawyer or law firm responsible for the content
MR 7.2(c) requires that any advertisement include the name and contact information of at least one lawyer or law firm responsible for its content.
Question 3: A lawyer sends a direct-mail solicitation to individuals recently arrested for DUI. Under the Model Rules, this is:
- Always prohibited because it targets individuals in a vulnerable state
- Permitted as long as it complies with all applicable rules and is not false or misleading (Correct answer)
- Permitted only if the lawyer has a prior relationship with the recipient
- Prohibited because targeted mailings constitute in-person solicitation
Correct answer: Permitted as long as it complies with all applicable rules and is not false or misleading
Targeted written advertising, including direct mail, is permitted under MR 7.3 as long as it does not violate other rules and is not false or misleading.
Question 4: Under Model Rule 7.2(b), which of the following is an EXCEPTION to the prohibition on paying for referrals?
- Paying a non-lawyer employee a commission for each client referred
- Paying a portion of a fee to a qualified lawyer referral service as its usual charge (Correct answer)
- Paying a former client a finder's fee for each new client sent
- Paying another law firm a flat fee per referral regardless of outcome
Correct answer: Paying a portion of a fee to a qualified lawyer referral service as its usual charge
MR 7.2(b)(2) expressly permits a lawyer to pay the usual charges of a qualified lawyer referral service approved by appropriate authority.
Question 5: Under Model Rule 7.3(b), a lawyer MAY make direct personal contact to solicit a prospective client when:
- The prospective client is currently represented by another lawyer
- The lawyer believes the prospective client urgently needs representation
- The prospective client is a close personal friend of the lawyer (Correct answer)
- The prospective client is a high-value commercial entity
Correct answer: The prospective client is a close personal friend of the lawyer
MR 7.3(b)(1) permits direct solicitation contact when the prospective client has a family, close personal, or prior professional relationship with the lawyer.
Question 6: A lawyer's advertisement states she 'specializes' in immigration law. Under Model Rule 7.4, this is:
- Always prohibited because no lawyer can claim a specialty
- Permitted if she has been certified as a specialist by an organization approved by the state bar or the ABA (Correct answer)
- Permitted without restriction because specialty claims are considered puffery
- Permitted only if she has practiced immigration law for at least five years
Correct answer: Permitted if she has been certified as a specialist by an organization approved by the state bar or the ABA
Under MR 7.4, a lawyer may communicate that they specialize in a field only if certified by an organization whose certification program has been approved by the state or the ABA.
Question 7: Under Model Rule 7.3(a), which of the following forms of contact is specifically PROHIBITED for soliciting prospective clients for pecuniary gain?
- Sending a printed brochure to all residents in a zip code
- Placing a television commercial advertising the firm
- Making a live telephone call to a specific accident victim not previously known to the lawyer (Correct answer)
- Maintaining a law firm website describing available services
Correct answer: Making a live telephone call to a specific accident victim not previously known to the lawyer
MR 7.3(a) prohibits solicitation through in-person, live telephone, or real-time electronic contact with a specific prospective client when pecuniary gain is a significant motive.
MPRE Advertising and Solicitation 1
Under Model Rule 7.1, which of the following statements in a lawyer's advertisement would be PROHIBITED?