MPRE Advertising and Solicitation 2

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:

Accepted Answer

Prohibited if they create unjustified expectations about similar results without appropriate disclaimers

Answer

Always permitted because testimonials are protected commercial speech

Answer

Prohibited because client testimonials are categorically banned under the Model Rules

Answer

Permitted because websites are not considered 'advertising' under the Model Rules

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:

Accepted Answer

Prohibited because a lawyer shall not give anything of value to a non-lawyer for recommending the lawyer's services

Answer

Permitted if the client consents

Answer

Permitted if the referral fee does not exceed 10% of the recovered amount

Answer

Permitted if the referral is disclosed on the client's bill

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:

Accepted Answer

Prohibited because the person has made known their desire not to be solicited

Answer

Permitted if the lawyer genuinely believes the person needs legal help

Answer

Permitted because in-person contact is never categorically banned

Answer

Prohibited only if the person is currently represented by counsel

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:

Accepted Answer

Be labeled 'Advertising Material' if required by applicable state rules

Answer

Obtain prior bar approval before mailing

Answer

Include the lawyer's fee schedule

Answer

Be limited to one page in length

Question 5

Under Model Rule 7.1, a communication about legal services is considered 'misleading' if it:

Accepted Answer

Contains an unsubstantiated comparison suggesting superiority over other lawyers

Answer

Mentions the lawyer's law school

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Lists the lawyer's practice areas

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States the lawyer's years of admission to the bar

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?

Accepted Answer

Requirement that future advertising communications be submitted to designated state authority for advance review

Answer

Permanent lifetime ban on all advertising

Answer

Requirement that the lawyer pay clients for any harm caused by the false ad before advertising again

Answer

Restriction to advertising in bar-approved publications only

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:

Accepted Answer

May be misleading if it does not disclose that the client may still owe litigation costs

Answer

Is always permitted as standard contingency advertising language

Answer

Is prohibited because contingency fee advertising is banned

Answer

Is permitted because costs are not considered 'fees' under the Model Rules