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💕CA Professional Responsibility > Essay Attack Templates > Flashcards

Essay Attack Templates Flashcards

1
Q

ABA permits a lawyer to advertise using any form of public communication about the lawyer’s services that is not _________.

A

false or misleading

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2
Q

________ permits a lawyer to advertise using any form of public communication about the lawyer’s services that is not false or misleading.

A

ABA

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3
Q

ABA permits a lawyer to advertise using ____________ about the lawyer’s services that is not false or misleading.

A

any form of public communication

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4
Q

In CA, these lawyers communications are presumed ____________:
(1) communications delivered to a potential client in the hospital or suffering from physical or mental stress,
(2) mailings not clearly labeled as advertising that seek fee-paying work, and
(3) communications containing testimonials or endorsements without a disclaimer they are not a promise about the results in the potential client’s case.

A

false or misleading

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5
Q

In CA, these lawyers communications are presumed false or misleading:

A

(1) communications delivered to a potential client in the hospital or suffering from physical or mental stress,
(2) mailings not clearly labeled as advertising that seek fee-paying work, and
(3) communications containing testimonials or endorsements without a disclaimer they are not a promise about the results in the potential client’s case.

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6
Q

In CA, these lawyers communications are presumed false or misleading:
(1) ________________,
(2) mailings not clearly labeled as advertising that seek fee-paying work, and
(3) communications containing testimonials or endorsements without a disclaimer they are not a promise about the results in the potential client’s case.

A

communications delivered to a potential client in the hospital or suffering from physical or mental stress

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7
Q

In CA, these lawyers communications are presumed false or misleading:
(1) communications delivered to a potential client in the hospital or suffering from physical or mental stress,
(2) _______, and
(3) communications containing testimonials or endorsements without a disclaimer they are not a promise about the results in the potential client’s case.

A

mailings not clearly labeled as advertising that seek fee-paying work

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8
Q

In CA, these lawyers communications are presumed false or misleading:
(1) communications delivered to a potential client in the hospital or suffering from physical or mental stress,
(2) mailings not clearly labeled as advertising that seek fee-paying work, and
(3) _______________.

A

communications containing testimonials or endorsements without a disclaimer they are not a promise about the results in the potential client’s case

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9
Q

ABA permits a lawyer to advertise using any form of public communication about the lawyer’s services that is not _________________.

In CA, these lawyers communications are presumed ________________:
(1) communications delivered to a potential client in the hospital or suffering from physical or mental stress,
(2) mailings not clearly labeled as advertising that seek fee-paying work, and
(3) communications containing testimonials or endorsements without a disclaimer they are not a promise about the results in the potential client’s case.

A

false or misleading

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10
Q

Under ____, all ads must include the name and office address of at least one attorney or law firm.

A

ABA

There is no similar CA rule.

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11
Q

Under ABA, all ads must include ________ of at least one attorney or law firm.

A

the name and office address

There is no similar CA rule.

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12
Q

Under ABA, all ads must include the name and office address of ______.

A

at least one attorney or law firm

There is no similar CA rule.

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13
Q

ABA allows advertising circulars sent in the mail targeted to those known to be in need of particular legal services, but the outside envelope must include the words “Advertising Material.”

In CA, ________________ are presumed false or misleading.

A

mailings not clearly labeled as advertising that seek fee-paying work

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14
Q

ABA allows advertising circulars sent in the mail targeted to those known to be in need of particular legal services, but the outside envelope must include the words “Advertising Material.”

In CA, mailings not clearly labeled as advertising that seek fee-paying work are ___________.

A

presumed false or misleading

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15
Q

ABA allows advertising circulars sent in the mail targeted to those known to be in need of particular legal services, but ________.

In CA, mailings not clearly labeled as advertising that seek fee-paying work are presumed false or misleading.

A

the outside envelope must include the words “Advertising Material”

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16
Q

CA law prohibits ads that contain:

A

(1) guarantee or warranty of the case outcome,
(2) words or symbols that suggest quick cash or settlement,
(3) lawyer or client impersonation without disclosing it is an impersonation,
(4) accident or other event dramatization without disclosing it is a dramatization, and
(5) contingent fee offer that does not warn client who loses a case must still pay litigation costs if that is the arrangement.

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17
Q

CA law prohibits ads that contain:
(1) ________________,
(2) words or symbols that suggest quick cash or settlement,
(3) lawyer or client impersonation without disclosing it is an impersonation,
(4) accident or other event dramatization without disclosing it is a dramatization, and
(5) contingent fee offer that does not warn client who loses a case must still pay litigation costs if that is the arrangement.

A

guarantee or warranty of the case outcome

18
Q

CA law prohibits ads that contain:
(1) guarantee or warranty of the case outcome,
(2) words or symbols that suggest ____________,
(3) lawyer or client impersonation without disclosing it is an impersonation,
(4) accident or other event dramatization without disclosing it is a dramatization, and
(5) contingent fee offer that does not warn client who loses a case must still pay litigation costs if that is the arrangement.

A

quick cash or settlement

19
Q

CA law prohibits ads that contain:
(1) guarantee or warranty of the case outcome,
(2) words or symbols that suggest quick cash or settlement,
(3) lawyer or client ____________,
(4) accident or other event dramatization without disclosing it is a dramatization, and
(5) contingent fee offer that does not warn client who loses a case must still pay litigation costs if that is the arrangement.

A

impersonation without disclosing it is an impersonation

20
Q

CA law prohibits ads that contain:
(1) guarantee or warranty of the case outcome,
(2) words or symbols that suggest quick cash or settlement,
(3) lawyer or client impersonation without disclosing it is an impersonation,
(4) accident or other event dramatization without disclosing it is a dramatization, and
(5) contingent fee offer that _____________.

A

does not warn client who loses a case must still pay litigation costs if that is the arrangement

21
Q

In an advertisement, a lawyer is permitted to state the lawyer “specializes in” a field of law as long as ____________, but may not imply or state she is certified as a specialist in a field of law, unless she is certified by an organization approved by a state authority or accredited by the AB, and identifies the certifying organization name.

A

the statement is not false or misleading

22
Q

In an advertisement, a lawyer is permitted to state the lawyer “specializes in” a field of law as long as the statement is not false or misleading, but may not ________________, unless she is certified by an organization approved by a state authority or accredited by the AB, and identifies the certifying organization name.

A

imply or state she is certified as a specialist in a field of law

23
Q

In an advertisement, a lawyer is permitted to state the lawyer “specializes in” a field of law as long as the statement is not false or misleading, but may not imply or state she is certified as a specialist in a field of law, unless ____________.

A

she is certified by an organization approved by a state authority or accredited by the ABA, and identifies the certifying organization name

24
Q

Under ABA [CA law], a lawyer cannot solicit fee-generating employment by ____________ from a specific prospective client when the lawyer’s significant reason for doing so is pecuniary gain, unless the person solicited (1) is a lawyer, or (2) has a family, close personal, or prior professional relationship.

A

in-person, live telephone, or real-time electronic contact

25
Q

Under ABA [CA law], a lawyer cannot solicit fee-generating employment by in-person, live telephone, or real-time electronic contact from a ________________ when the lawyer’s significant reason for doing so is pecuniary gain, unless the person solicited (1) is a lawyer, or (2) has a family, close personal, or prior professional relationship.

A

specific prospective client

26
Q

Under ABA [CA law], a lawyer cannot solicit fee-generating employment by in-person, live telephone, or real-time electronic contact from a specific prospective client when the lawyer’s significant reason for doing so is ____________, unless the person solicited (1) is a lawyer, or (2) has a family, close personal, or prior professional relationship.

A

pecuniary gain

27
Q

Under ABA [CA law], a lawyer cannot solicit fee-generating employment by in-person, live telephone, or real-time electronic contact from a specific prospective client when the lawyer’s significant reason for doing so is pecuniary gain, unless the person solicited ______________.

A

(1) is a lawyer, or (2) has a family, close personal, or prior professional relationship

28
Q

A lawyer must not use ________ to solicit in a manner the lawyer cannot.

A

agents

Under ABA [CA law], a lawyer cannot solicit fee-generating employment by in-person, live telephone, or real-time electronic contact from a specific prospective client when the lawyer’s significant reason for doing so is pecuniary gain, unless the person solicited (1) is a lawyer, or (2) has a family, close personal, or prior professional relationship.

29
Q

A lawyer may send a ____________ targeted letter to a potential client known to face a particular legal problem.

A

truthful and non-deceptive

30
Q

A lawyer may send a truthful and non-deceptive targeted letter to a potential client ____________.

A

known to face a particular legal problem

31
Q

A lawyer [may/may not] send a truthful and non-deceptive targeted letter to a potential client known to face a particular legal problem.

A

may

32
Q

A lawyer must not ____________ prospective clients who indicate they do not wish to be solicited.

A

coerce, harass, or solicit

33
Q

A potential conflict of interest exists when the lawyer suspects a concurrent conflict, but the representation has not yet been ________________.
Under ABA, potential conflicts do not require informed written consent.
In CA, without the informed written consent of each client, a lawyer may not represent more than one client in a matter in which the clients’ interests potentially conflict.

A

materially limited

34
Q

A potential conflict of interest exists when the lawyer suspects a concurrent conflict, but the representation has not yet been materially limited.
Under ABA, potential conflicts ____________ informed written consent.
In CA, without the informed written consent of each client, a lawyer may not represent more than one client in a matter in which the clients’ interests potentially conflict.

A

do not require

35
Q

A potential conflict of interest exists when the lawyer suspects a concurrent conflict, but the representation has not yet been materially limited.
Under ABA, potential conflicts do not require informed written consent.
In CA, without ____________, a lawyer may not represent more than one client in a matter in which the clients’ interests potentially conflict.

A

the informed written consent of each client

36
Q

A potential conflict of interest exists when the lawyer suspects a concurrent conflict, but the representation has not yet been materially limited.
Under ABA, potential conflicts do not require informed written consent.
In CA, without the informed written consent of each client, a lawyer may not represent more than one client in a matter in which the clients’ interests potentially conflict.

A

may not represent more than one client in a matter in which the clients’ interests potentially conflict

In CA, no consent is necessary for other potential conflicts. In CA, the lawyer needs to obtain informed written consent only when the potential conflict is between clients.

37
Q

In CA, the lawyer needs to obtain informed written consent only when the potential conflict is ________.

A

between clients

38
Q

Under ABA [CA law], a lawyer participating in litigation is not permitted to make an extra-judicial statement
(1) the lawyer knows or reasonably should know wil be disseminated by means of public communication and
(2) will have a substantial likelihood of materially prejudicing an adjudicative proceeding.

Under ABA, a prosecutor must use reasonable care to prevent law enforcement personnel, investigators, or other persons associated with the criminal case from _______________.

A

making extrajudicial statements the prosecutor is prohibited from making

39
Q

Under ABA [CA law], a lawyer participating in litigation is not permitted to make an extra-judicial statement:
(1) the lawyer knows or reasonably should know wil be disseminated by means of public communication and
(2) will have a substantial likelihood of materially prejudicing an adjudicative proceeding.

A

(1) the lawyer knows or reasonably should know wil be disseminated by means of public communication and
(2) will have a substantial likelihood of materially prejudicing an adjudicative proceeding.

40
Q

Under ABA [CA law], a lawyer participating in litigation is not permitted to make an extra-judicial statement:
(1) ____________ and
(2) will have a substantial likelihood of materially prejudicing an adjudicative proceeding.

A

the lawyer knows or reasonably should know wil be disseminated by means of public communication

41
Q

Under ABA [CA law], a lawyer participating in litigation is not permitted to make an extra-judicial statement:
(1) the lawyer knows or reasonably should know wil be disseminated by means of public communication and
(2) _________.

A

will have a substantial likelihood of materially prejudicing an adjudicative proceeding

💕CA Professional Responsibility (4 decks)

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