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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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