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 may exert pressure on a vulnerable person

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

C all of these

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

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 TRUE

B FALSE

Question #3

The Central Hudson test is:

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

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 None of these

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

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 omits a a necessary fact

B 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.

C it did not contain a disclaimer

D All of these

Question #5

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

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

B 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.

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

D 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

Question #6

The rules against solicitation by lawyers:

A Extend to employees but not independent contractors

B None of these

C Do not extend to paralegals and other employees

D Prohibit a paralegal from soliciting for the lawyer

Question #7

Solicitation is defined as:

A Direct unrequested contact with a prospective client to obtain employment

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

C Any unrequested contact with a prospective client

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