Advertising and Solicitation Quiz

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Below are the questions for the exam with the choices of answers:

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Question #1

Why does in-person solicitation by an attorney (or agent of the attorney) pose a significant potential harm to a prospective client?

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

B because it may exert pressure on a vulnerable person

C all of these

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

Question #2

In California, if an attorney has not been certified by the State Bar Board of Specialization, the attorney may not state on her website that her practice specializes in probate law.

A FALSE

B TRUE

Question #3

The Central Hudson test is:

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

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

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

D None of these

Question #4

A commercial for a law firm containing a client testimonial stating that “Attorney fought for me and got me $5 million” would be considered false or misleading if

A it did not contain a disclaimer

B it omits a a necessary fact

C All of these

D 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.

Question #5

All of the following would be “false or misleading” communications except:

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

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

C 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

D 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.

Question #6

The rules against solicitation by lawyers:

A None of these

B Extend to employees but not independent contractors

C Prohibit a paralegal from soliciting for the lawyer

D Do not extend to paralegals and other employees

Question #7

Solicitation is defined as:

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

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

C Any unrequested contact with a prospective client

D Direct unrequested contact with a prospective client to obtain employment