An attorney had been practicing in criminal defense for eight years-ever since he graduated from law school and passed the bar-and had handled many difficult and complex trials. Two years ago, he has saved enough money to start investing and hired a stock broker. Three weeks ago, the attorney learned that his stock broker had been injured in an accident. After speaking with the broker, the attorney agreed to handle the broker's personal injury case and a written fee agreement was signed. Now, the attorney is renewing his advertisement in the Yellow Pages. He changes his advertisement to read: "Criminal Law and Tort-Personal Injury, Experienced Trial Lawyer, Contingent Fee in Personal Injury Cases." Has the attorney violated any Model Rule?

Question

Quizplus · Accepted Answer

Yes, because the advertisement is misleading as to the attorney personal injury experience. "A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading of it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement as a whole not materially misleading." Model Rule 7.1. Answer C is the best choice because the advertisement states that he accepts personal injury cases and states that he is an experienced trial lawyer-which is misleading as to the attorney's trial experience in personal injury cases. Answer A is not the best choice because accepting the broker's personal injury case did not violate the Model Rules. Answer B is not the best choice because the content of the advertisement is also subject to regulation under the Model Rules. Answer D is not the best choice because contingent fees are permitted in personal injury cases.

An Attorney Had Been Practicing in Criminal Defense for Eight