MPRE Advertising and Solicitation 2 — Questions and Answers
Question 1: A lawyer's website features client testimonials stating they 'won millions' due to the firm. Under Model Rule 7.1, these testimonials are:
- Always permitted because testimonials are protected commercial speech
- Prohibited if they create unjustified expectations about similar results without appropriate disclaimers (Correct answer)
- Prohibited because client testimonials are categorically banned under the Model Rules
- Permitted because websites are not considered 'advertising' under the Model Rules
Correct answer: Prohibited if they create unjustified expectations about similar results without appropriate disclaimers
Under MR 7.1, a communication is misleading if it creates unjustified expectations; testimonials about large verdicts may require disclaimers clarifying that past results do not guarantee similar outcomes.
Question 2: A lawyer pays a referral fee to a non-lawyer receptionist who sends clients to the lawyer's office. Under the Model Rules, this arrangement is:
- Permitted if the client consents
- Permitted if the referral fee does not exceed 10% of the recovered amount
- Prohibited because a lawyer shall not give anything of value to a non-lawyer for recommending the lawyer's services (Correct answer)
- Permitted if the referral is disclosed on the client's bill
Correct answer: Prohibited because a lawyer shall not give anything of value to a non-lawyer for recommending the lawyer's services
MR 7.2(b) prohibits giving anything of value to a person for recommending the lawyer's services, and this prohibition applies to non-lawyers who receive referral fees.
Question 3: A lawyer continues to press a prospective client in person to retain the firm after the person says 'I'm not interested.' Under Model Rule 7.3(b), the lawyer's continued contact is:
- Permitted if the lawyer genuinely believes the person needs legal help
- Prohibited because the person has made known their desire not to be solicited (Correct answer)
- Permitted because in-person contact is never categorically banned
- Prohibited only if the person is currently represented by counsel
Correct answer: Prohibited because the person has made known their desire not to be solicited
MR 7.3(b)(2) prohibits solicitation when the prospective client has made known their desire not to be solicited by the lawyer.
Question 4: A direct mail advertisement for legal services is sent to recipients whose names were obtained from public court records. Under the Model Rules, the advertisement must:
- Obtain prior bar approval before mailing
- Be labeled 'Advertising Material' if required by applicable state rules (Correct answer)
- Include the lawyer's fee schedule
- Be limited to one page in length
Correct answer: Be labeled 'Advertising Material' if required by applicable state rules
Many states require, consistent with MR 7.3(c), that written solicitations be marked as 'Advertising Material' so recipients can identify them as promotional communications.
Question 5: Under Model Rule 7.1, a communication about legal services is considered 'misleading' if it:
- Mentions the lawyer's law school
- Contains an unsubstantiated comparison suggesting superiority over other lawyers (Correct answer)
- Lists the lawyer's practice areas
- States the lawyer's years of admission to the bar
Correct answer: Contains an unsubstantiated comparison suggesting superiority over other lawyers
Under MR 7.1(b), a communication is misleading if it contains an unsubstantiated comparison of the lawyer's services or fees with those of other lawyers.
Question 6: A state bar has previously disciplined a lawyer for running false advertisements. Under the Model Rules, which additional restriction may the state impose?
- Permanent lifetime ban on all advertising
- Requirement that future advertising communications be submitted to designated state authority for advance review (Correct answer)
- Requirement that the lawyer pay clients for any harm caused by the false ad before advertising again
- Restriction to advertising in bar-approved publications only
Correct answer: Requirement that future advertising communications be submitted to designated state authority for advance review
Comment to MR 7.2 notes that a state may require lawyers who have violated advertising rules to submit communications to a designated authority for advance review for a period of time.
Question 7: A lawyer's advertisement claims 'No fee unless you win' for personal injury cases, but the client may still owe court costs even if the case is lost. Under Model Rule 7.1, this advertisement:
- Is always permitted as standard contingency advertising language
- May be misleading if it does not disclose that the client may still owe litigation costs (Correct answer)
- Is prohibited because contingency fee advertising is banned
- Is permitted because costs are not considered 'fees' under the Model Rules
Correct answer: May be misleading if it does not disclose that the client may still owe litigation costs
Under MR 7.1, 'no fee unless you win' language can be misleading if it omits the fact that the client may still be responsible for litigation costs, creating a false impression about the client's financial exposure.
MPRE Advertising and Solicitation 2
A lawyer's website features client testimonials stating they 'won millions' due to the firm.
Under Model Rule 7.1, these testimonials are: