Question 1

Paralegal Kameryn works for a law firm that does family law. He is unhappy about a new client that the firm has just accepted because the person is a convicted felon. As his friend, you might tell Kameryn:

A) Each and every client is entitled to the very best work product and consideration regardless of our personal feelings about him.
B) the best thing to do would be to quit out of protest because the firm should not have taken this person as a client.
C) Kameryn should just tell his supervising lawyer that he doesn't want to work on this person's case because of his personal dislike of him.
D) he can take out his feelings about this client by doing lower quality work for him.

A

Accepted Answer

As a professional in the legal field, Kameryn has a duty to provide the best possible service to every client, regardless of personal feelings. Every client deserves competent representation, and it would be unethical to do less than one's best work for any client. Additionally, rejecting a client based solely on their criminal record could potentially be considered discrimination.

Question 2

In bad economic times, law firms that handle bankruptcies are typically very busy. Paralegal Andrew, who is unemployed, offers the following during his interview: "I know alot of people who need financial help right now. I could probably bring in 100 clients just by networking my friends." Andrew

A) has just offered to solicit clients for this law firm but it's okay because it's alright to solicit your friends and your friends friends.
B) has just offered to solicit clients for this law firm. He probably needs a refresher course in ethics.
C) is simply bragging and has not said anything wrong.
D) has just offered to get some clients for the firm but it would not be improper solicitation because he will be helping people who need help.

B

Accepted Answer

Andrew has offered to bring in clients by soliciting his friends, which is a violation of legal ethics rules as it is considered improper solicitation. Paralegals are not allowed to solicit clients for their firm, and Andrew's offer could reflect poorly on the law firm if they were to hire him.

Question 3

When Paralegal Jenny goes to the local courthouse, she can retrieve a list of upcoming home foreclosures. What can Jenny do with this information?&#10;A) Her employing law firm can send a direct mail advertising to the people on the list, providing information about the law firm and its services.&#10;B) Jenny has to wait 30 days after the posting but can contact the people on the list after that time.&#10;C) Her employing law firm can call the people on the list and offer to represent them.&#10;D) Jenny can go door-to-door and talk to the people on the list about her law firm and what they can do to help.

Accepted Answer

Direct mail advertising to individuals on a foreclosure list by a law firm is permissible as it is a form of targeted advertising that does not involve real-time communication constraints like those that might apply to phone calls or door-to-door visits. This method allows individuals to consider the information at their own pace and to seek legal assistance if they choose.

Question 4

Freelance paralegal JoAnna has a website that advertises her services to lawyers and law firms. The homepage of her website includes this admonition: "My services are only available to lawyers. I do not do any work for members of the public." This warning:

A) doesn't solve the problem that it is illegal for JoAnna to advertise to the general public.
B) is the only thing standing between JoAnna and a court injunction prohibiting her from using the internet to advertise her services.
C) is probably a smart thing to do but is not required because there are no laws on paralegal advertising.
D) is required in most states.

Accepted Answer

Freelance paralegals, like JoAnna, can advertise their services as long as they make it clear they are not offering legal services directly to the public but to lawyers or law firms. There are no specific laws that prohibit paralegals from advertising; however, they must adhere to guidelines that prevent them from offering legal advice directly to the public. JoAnna's disclaimer helps clarify the nature of her services and her target clientele, making it a prudent addition to her website rather than a legal requirement.

Question 5

Although all states now allow attorney advertising, many of them prohibit&#10;A) giving more information than just the basic name, address, and phone number of the law firm&#10;B) any discussion of fees&#10;C) communications that create unjustified expectations about results&#10;D) the use of actors instead of real lawyers

Accepted Answer

Communications that create unjustified expectations about results are generally prohibited in attorney advertising to maintain the integrity of the legal profession and protect consumers from misleading claims.

Question 6

Paralegal Bryce prefers freelance work. In order to get clients, Bryce may&#10;A) advertise his services in any publication.&#10;B) advertise his services in publications that target lawyers and law firms.&#10;C) not advertise because it is illegal for paralegals to advertise.&#10;D) not advertise in publications but he can call law firms and ask for employment.

Accepted Answer

Advertising in publications that target lawyers and law firms is the best choice for a freelance paralegal like Bryce because it directly reaches potential clients. This is a legal and effective way to market his services. Option A is too broad and may not reach his target audience. Option C is incorrect as it is not illegal for paralegals to advertise. Option D may not be effective in reaching a larger audience.

Question 7

After the U.S. Supreme Court case of Bates & O'Steen v. Arizona&#10;A) law firms could advertise using paid actors, scripts, and explanations about the legal services offered.&#10;B) law firms could advertise in telephone directories but not on radio or television&#10;C) drug companies could advertise on television so long as they disclose all of the potential dangers of the drugs&#10;D) drug companies could advertise on television

Accepted Answer

The Bates & O'Steen v. Arizona case allowed law firms to advertise using paid actors, scripts, and explanations about the legal services offered. This overturned a previous ban on legal advertising. The case did not address advertising for drug companies.

Question 8

While standing at a bus stop, Paralegal Frank overhears a woman telling her friend that she has to take the bus now because she had an accident with her car and the insurance company is dragging its feet. She remarks that it has been several months and she still has not gotten any money so she can replace or repair her car. Frank says: "Excuse me. I couldn't help over hearing your conversation. You probably need a lawyer to help you. Here's my business card. Call the main number and you'll be referred to a lawyer who can help you." The woman thanks him politely. Frank

A) is not guilty of solicitation because, as a paralegal, he will not benefit financially even if she does use his law firm.
B) is guilty of solicitation because he made an in-person contact with a person he does not know and induced her to use the services of his law firm, most likely for profit.
C) is not guilty of solicitation because it was obvious that the woman needed help and she was grateful for his help.
D) is not guilty of solicitation because she has the choice to call or not and Frank did not use any undue influence or pressure.

Accepted Answer

Frank is guilty of solicitation because he initiated an unsolicited in-person contact with someone he does not know to promote the services of his law firm, which is generally prohibited under professional conduct rules for lawyers and their representatives.

Question 9

After a factory explosion in an urban area, Laura Lawyer wants to offer her legal services to the victims and their families. Laura&#10;A) can contact the victims/families immediately because the moratorium only applies to natural disasters, not man-made disasters.&#10;B) should not contact the victims or families under any circumstances because to do so would be improper solicitation.&#10;C) should write to the victims and their families, but should not contact them in person during the 30-day moratorium.&#10;D) should not try to contact victims or their families for 30 days because the explosion is a mass disaster and her state's 30-day moratorium applies.

Accepted Answer

Laura should not try to contact victims or their families for 30 days because the explosion is a mass disaster and her state's 30-day moratorium applies. Contacting victims or families during a moratorium would be considered improper solicitation and is prohibited. It is best to wait for the moratorium to end and for victims/families to reach out for legal services if they choose to do so.

Question 10

Paralegal Hiram has referred several clients to his law firm that have brought a great deal of legal fees to the firm. Hiram thinks it is only fair that he receive a portion of what he "brings into the firm." What can Hiram suggest to his employing law firm?

A) He can suggest a flat amount (like $2000) for each paying client he refers to the firm.
B) He can suggest that the firm take his referrals into consideration when determining his year-end bonus.
C) He cannot suggest anything along these lines because to do so would be improper.
D) He can suggest a percentage of the amount of paid fees.

Accepted Answer

Hiram can suggest that his referrals be considered for his year-end bonus as this does not directly tie his compensation to the fees generated by clients, which would be more ethically acceptable than sharing legal fees.

Deck 5: Advertising and Solicitation