Solicitation Of Clients Self-Quiz

 

 

 

 

 

 

 

Chloris, a family lawyer specializing in issues of domestic violence, does a tremendous amount of pro bono work for a non-profit single parent’s assistance center in the community. The manager of the assistance center is grateful for the work Chloris has done, and asks Chloris if she would like to be added to the free “lawyer referral” list that the center maintains. Chloris isn’t sure that she wants to be added, out of concern that such practices might violate the ethical rules she promised to uphold. By putting herself on the referral list, would Chloris be in violation of an ethical rule?
Choice 1 Yes, because lawyers may not gain clients through referral services.
Choice 2 No, because the referral service is for a non-profit venture.
Choice 3 Yes, because Chloris would essentially be gaining clients that owe dual allegiances – both to Chloris and to the center.
You are a gung-ho personal injury attorney who knows how to be aggressive in order to win business. You scan the police radio for information related to automobile accidents in the area. One day, you are listening to the radio and hear the name of Corbin Coriander as a car accident victim. You immediately look up Corbin’s address and send him a letter, offering him legal services and telling him that “he’d be astonished to know how much his claim could bring!” In complying with the ethical rules, you label the envelope and the letter itself as an “advertisement.” Is this a permissible solicitation?
Choice 1 Probably, because you did not initiate any person-to-person contact, and merely sent a letter which Mr. Coriander could simply toss.
Choice 2 No, because you contacted Mr. Coriander within 45 days of his accident.
Choice 3 No, because you may not listen to a police radio in order to find personal injury clients.
You are a gung-ho personal injury attorney who knows how to be aggressive in order to win business. You scan the police radio for information related to automobile accidents in the area. One day, you are listening to the radio and hear the name of Corbin Coriander as a car accident victim. You immediately look up Corbin’s address and send him a letter, offering him legal services and telling him that “he’d be astonished to know how much his claim could bring!” In complying with the ethical rules, you label the envelope and the letter itself as an “advertisement.” After you send the letter, you hear nothing from Mr. Coriander. You wait two weeks before following up with another letter. Have you violated ethical rules?
Choice 1 Probably not, because you did not initiate any person-to-person contact, and merely sent some letters which Mr. Coriander could simply toss.
Choice 2 Probably, because by not answering your initial letter, Mr. Coriander essentially made it known that he does not want your business.
Choice 3 No, because you may not listen to a police radio in order to find personal injury clients.
Winthorp Gutierrez, Esq. is experiencing a lull in business. Perhaps it is due to the fact that a lot of people are away during the summer months. In order to gain business, he sits in his kitchen with the White Pages and makes random calls to people, offering them his skills as a trusts and estates attorney. Is Winthorp subject to discipline?
Choice 1 No, because he did not solicit in person.
Choice 2 No, because he did not make any misstatements or deceive the public.
Choice 3 Yes, because calling people at random, with whom you have no prior relationship or acquaintance, in order to drum up business, is an ethical violation.
Lawyer Graham Kracker’s wife Rayanne is a nurse at General Memorial Hospital. Graham gave Rayanne some of his business cards for Rayanne to give to patients in the hospital emergency room whom she suspects could use a good personal injury lawyer. Graham could use some more business, as he has to pay his kid’s college tuition bill. Is Graham correct?
Choice 1 Yes, because Rayanne has established relationships with the patients; she’s not arbitrarily handing out Graham’s business cards.
Choice 2 No, because Rayanne may not do what Graham himself would not be entitled to do.
Choice 3 No, because such actions do in fact constitute impermissible in-person solicitation.
Choice 4 Choices (b) and (c) are both correct.
Gyorgy Porgyi thinks that giving free public lectures on the importance of estate planning would be a good way to obtain new clients. Gyorgy subsequently gives a lecture at a community center where many senior citizens congregate for card games and shuffleboard matches. About 50 people listen to Gyorgy speak eloquently on the positive uses for wills and trusts. He is surprised and a little disappointed when none of the attendees speaks with him or asks any questions following the lecture. However, Gyorgy is ecstatic when a few attendees call a couple of days later asking for help with their estate plans. His lecture plan worked!! But would Gyorgy be in violation of the ethical rules if he accepted the clients for a fee?
Choice 1 Yes, because he essentially solicited clients in-person for a fee.
Choice 2 No, because his lecture was not a mere opportunity for him to brag about his credentials, and Gyorgy did not conduct any person-to-person discussions with attendees.
Choice 3 Yes, because the ethical rules state that if a lawyer is to give a public lecture, he may not thereafter accept fees from lecture attendees who need legal assistance.
Geezelah is a lawyer with a friend who is a paralegal at a big-city firm. The paralegal proposes a great business deal. A lot of individuals call her firm about doing trusts and estates work, but the firm only handles large corporations. The paralegal tells Geezelah that she will refer some of these individuals to Geezelah, provided that Geezelah sends her $500 for each client retained. Geezelah agrees. Is she subject to discipline?
Choice 1 No, because Geezelah is entitled to make business connections so she can serve as many clients as possible.
Choice 2 No, because Geezelah is not splitting a fee- she’s just paying for referrals.
Choice 3 Yes, because a lawyer may not give anything of value to someone for recommending the lawyer’s services.
Geezelah is a lawyer with a friend who is a paralegal at a big-city firm. A lot of individuals call the paralegal’s firm about doing trusts and estates work, but the firm only handles large corporations. The paralegal tells Geezelah that she will refer some of these individuals to Geezelah. Geezelah’s infinitely grateful for the referrals, and when they start coming in, Geezelah gives her paralegal friend some nice gifts. Is Geezelah subject to discipline?
Choice 1 No, because Geezelah is entitled to give her friend gifts if she likes.
Choice 2 No, because Geezelah is not splitting a fee- she’s just giving a friend some presents.
Choice 3 Yes, because a lawyer may not give anything of value to someone for recommending the lawyer’s services.
You randomly see a client of yours in the supermarket, Chris Dorfmann. It had been about a year or so since you last spoke to Mr. Dorfmann. You ask him how he’s doing, and how his wife Shifra is. He says he’s fine, but Shifra has been struggling with dementia. “She never knows where her keys are. Once she was locked outside the house for 12 hours and was so hungry she ate the crabapples on the tree outside the garage.” You try to be tactful, and indicate that Mr. Dorfmann and Shifra could be helped by a review of their estate plans. “Why don’t you come into my office on Monday? We’ll take a look at your papers and make sure everything meets your needs.” Mr. Dorfmann agrees. Have you violated the ethical rules?
Choice 1 Yes, because you solicited Mr. Dorfmann’s business through live contact.
Choice 2 No, because Mr. Dorfmann is a client of yours whom you are entitled to “check up” on.
Choice 3 Yes, because you plan to charge Mr. Dorfmann for your services.

©2003 - 2018 National Paralegal College