ALL CORRECT
Questions Not Answered From Exam
Question 2
Assume that you are in a jurisdiction that has fully adopted the ABA Model Rules of
Professional Responsibility. Discuss each answer fully, with citations to the model rules of
professional conduct and appropriate Biblical principles that may apply.
Lawyer is an experienced personal injury attorney who has obtained high dollar settlements and
jury verdict in a number of cases around the State. Lawyer wants to expand the personal injury
practice into a new city. Lawyer buys a television advertisement on the local television network
that services the target city. The advertisement has a paid actor spokesperson who states as
follows: “We will obtain the money that you deserve if you were injured by someone else’s
negligence. We have won cases all over the State. We can get money for you!” As the actor is
speaking, the following text scrolls on the screen: “--Trip/Fall sidewalk--brain injury: $5,000,000
verdict --Dog bite: $50,000 settlement --Whiplash: $2 million or more settlement.” Does this
advertisement violate any ethical rules? Discuss fully with citations to appropriate rules of
professional conduct.
Issue
Does this advertisement violate any ethical rules in terms of confidentiality of client
information, and is the lawyer allowed to advertise and or boast of his accomplishments in
getting his former clients favorable results in their cases?
Rule
ABA Model Rule 7.2 on Advertising states, "(a) Subject to the requirements of Rules 7.1
and 7.3, a lawyer may advertise services through written, recorded or electronic communication,
including public media. (b) A lawyer shall not give anything of value to a person for
recommending the lawyer's services except that a lawyer may (1) pay the reasonable costs of
advertisements or communications permitted by this Rule; (2) pay the usual charges of a legal
service plan or a not-for-profit or qualified lawyer referral service. A qualified lawyer referral
service is a lawyer referral service that has been approved by an appropriate regulatory authority;
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, (3) pay for a law practice in accordance with Rule 1.17; and (4) refer clients to another lawyer or
a non lawyer professional pursuant to an agreement not otherwise prohibited under these Rules
that provides for the other person to refer clients or customers to the lawyer, if (i) the reciprocal
referral agreement is not exclusive, and (ii) the client is informed of the existence and nature of
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