CLASS 4 QUIZ- Annotations

 

1. On Friday, April 13, 2012 attorney Steve Sobelson mailed a letter to Kelly Hensel saying: "I was very sorry to hear from our mutual friend, Basil, about the injuries you suffered last week when a FedEx truck struck you while you were riding your bike on DeKalb Avenue to law school. If you are interested in suing FedEx, give me a call when you are feeling better." Is Steve subject to disbarment?

A. No, because he didn't make a direct personal contact or phone call to Kelly.

B. No. as long as he doesn't pay Basil anything for the referral.

C. Yes, because he sent his letter on Friday the 13th

            Rule 7.3(a)(3) 30 day cooling-off period.  GLE p. 103

D. Yes, because all forms of direct mail solicitation are prohibited.  

 

2. The U.S. Supreme Court held that it was constitutional for Ohio to suspend Ohralik from the practice of law because:

A. Ohio disciplined Ohralik for soliciting a client for pecuniary gain under circumstances likely to pose dangers that Ohio has a right to prevent.

At *449 “ the State--or the Bar acting with state authorization-- constitutionally may discipline a lawyer for soliciting clients in person, for pecuniary gain, under circumstances likely to pose dangers that the State has a right to prevent.”

B. Ohio disciplined Ohralik for giving unsolicited advice.

            At *458 “The [Ohio] Rule does not prohibit a lawyer from giving unsolicited legal advice; it proscribes the acceptance of employment resulting from such advice.”

C. Ohio disciplined Ohralik based on proof that his overreaching inflicted specific injury on Wanda Holbert.

At *464, “...appellant errs in assuming that the constitutional validity of the judgment below depends on proof that his conduct constituted actual overreaching or inflicted some specific injury on Wanda Lou Holbert....” 

D. All of the above.

E. None of the above.

3. In holding that S. Carolina violated the Constitution by disciplining Edna Smith Primus, which of the fallowing factors did the Supreme Court find distinguished its decision upholding discipline against Albert Ohralik?

A. Primus solicited by letter rather than in person

B. Primus was offering free legal assistance without seeking a share of any possible monetary recovery

C. Primus was seeking to advance the civil liberties objectives of the ACLU rather than seeking financial gain

D. All of the above

At *422, “Unlike the situation in Ohralik, however, appellant’s act of solicitation took the form of a letter to a woman with whom appellant had discussed the possibility of seeking redress.... This was not in-person solicitation for pecuniary gain.  Appellant was communicating an offer of free assistance by attorneys associated with the ACLU, not an offer predicated on entitlement to a share of any monetary recovery.  And her actions were undertaken to express personal political beliefs and to advance the civil-liberties objectives of the ACLU, rather than to derive financial gain.”

E. None of the above

 

4. What are differences between ABA Model Rule 7.3 and GRPC 7.3?

[See side-by-side comparison of 7.3 posted on Resources]

A. ABA 7.3 permits in person solicitation of professional employment if the person contacted has a close personal relationship with the lawyer.

GRPC 7.3(b) allows WRITTEN contact with a person that has a close relationship, but in person solicitation is prohibited by GRPC 7.3(d) without a “friend” exception unlike ABA 7.3.  Compare

GRPC 7.3(b) Written communications to a prospective client, other than a close friend, relative, former client or one whom the lawyer reasonably believes is a former client...

GRPC 7.3(d) A lawyer shall not solicit professional employment as a private practitioner for the lawyer, a partner or associate through direct personal contact or through live telephone contact, with a non-lawyer who has not sought advice regarding employment of a lawyer.

ABA 7.3(a)(2) A lawyer shall not by in-person ... solicit professional employment from a prospective client ..., unless the person contacted... has a family, close personal, or prior professional relationship with the lawyer.

B. ABA 7.3 only prohibits in person solicitation of professional employment if a significant motive for doing so is the lawyer's pecuniary gain.

            Compare GRPC 7.3(d) with ABA 7.3(a).  GRPC does not have pecuniary gain exception.

GRPC 7.3(d) A lawyer shall not solicit professional employment as a private practitioner for the lawyer, a partner or associate through direct personal contact or through live telephone contact, with a non-lawyer who has not sought advice regarding employment of a lawyer.

ABA 7.3(a) A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment from a prospective client when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain...

C. GRPC 7.3 requires that the word "Advertisement" appear on the top of each page of a written communication to a prospective client for the purpose of obtaining professional employment

            GRPC 7.3(b), ABA 7.3(c)

GRPC 7.3(b) Written communications to a prospective client, ... for the purpose of obtaining professional employment shall be plainly marked “Advertisement” on the face of the envelope and on the top of each page of the written communication in type size no smaller than the largest type size used in the body of the letter.

(c) Every written... communication from a lawyer soliciting professional employment ... shall include the words "Advertising Material" on the outside envelope, ....

D. All of the above.

E. None of the above.

 

5. Brazil and Carson are each solo practitioners. Client has signed a written agreement to allow Brazil and Carson to share joint responsibility for representing Client and to divide the fee between them. Which of the following is NOT required for Brazil and Carson to divide the fee?

A. The fee division must be in proportion to the services performed by each lawyer.

Rule 1.5(e)(1) “the division is in proportion to the services performed by each lawyer OR, by written agreement with the client, each lawyer assumes joint responsibility for the representation” GLE p. 19

B. Client must be advised of the share of the fee each lawyer will receive

            Rule 1.5(e)(2)  GLE p. 19

C. The total fee must be reasonable.

            Rule 1.5(e)(3)  GLE p. 19

D. A, B, and C would all be required if Brazil and Carson divide the fee without a written agreement with the client under which they agree to share joint responsibility..