Advertising and Solicitation Quiz

A  because it encourages speedy and uniformed decisions without opportunity for countereducation

B  because it may exert pressure on a vulnerable person

C  because it demands an immediate response without providing an opportunity for comparison or reflection

D  all of these

A  TRUE

B  FALSE

A  an examination that an attorney must take before being allowed to advertise

B  a test administered by the State Bar regulating who may practice law

C  None of these

D  a three pronged test used to determine whether government regulation of commercial speech is permissible under the First Amendment of the U.S. Constitution

A  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.

B  it did not contain a disclaimer

C  it omits a a necessary fact

D  All of these

A  Communication stating the basis on which fees are determined, including prices for specific services and payment and credit arrangements.

B  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

C  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.

D  A communication that contains an express guarantee or warranty of the result of a particular representation

A  Do not extend to paralegals and other employees

B  Prohibit a paralegal from soliciting for the lawyer

C  None of these

D  Extend to employees but not independent contractors

A  Any unrequested contact with a prospective client

B  Contact with a prospective client where there is unfair bargaining position

C  Direct unrequested contact with a prospective client to obtain employment

D  Face-to-face contact with someone to offer legal services

A  A law firm has a website with general legal information on it

B  A lawyer participates in a blog about law

C  A lawyer hires a person to recruit clients from a hospital 

D  A lawyer participates in a webinar about legal issues

A  Most lawyers who advertise are in small firms and do bankruptcy and family law

B  Many bar associations have prohibited lawyers from advertising on the internet

C  Virtually all law firms have a marketing department or hire a marketing firm to help them

D  Lawyer advertising has become widespread throughout the legal community

A  Lawyers can do any kind of ads they want

B  Bars can adopt reasonable time, place and manner restrictions on ads

C  Lawyers can do dignified advertising

D  Bars cannot discipline lawyers at all for advertising

A  HALT sued Bates to allow advertising

B  Two lawyers challenged their discipline for advertising

C  A consumer group challenged lawyer advertising

D  The State Bar challenged the ABA rules on advertising

A  Several state bars decided to change the rules to address consumer need

B  Pressure was brought by the ABA through its Model Rules

C  Most lawyers strenuously objected to the restrictions on advertising

D  The US Supreme Court overturned state ethics rules

A  FALSE

B  TRUE

A  TRUE

B  FALSE

A  FALSE

B  TRUE