Essay Attack Templates

Question 1

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

Answer 1

false or misleading

Question 2

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

Answer 2

ABA

Question 3

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

Answer 3

any form of public communication

Question 4

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.

Answer 4

false or misleading

Question 5

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

Answer 5

(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.

Question 6

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.

Answer 6

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

Question 7

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.

Answer 7

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

Question 8

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) _______________.

Answer 8

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

Question 9

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.

Answer 9

false or misleading

Question 10

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

Answer 10

ABA

There is no similar CA rule.

Question 11

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

Answer 11

the name and office address

There is no similar CA rule.

Question 12

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

Answer 12

at least one attorney or law firm

There is no similar CA rule.

Question 13

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.

Answer 13

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

Question 14

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 ___________.

Answer 14

presumed false or misleading

Question 15

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.

Answer 15

the outside envelope must include the words “Advertising Material”

Question 16

CA law prohibits ads that contain:

Answer 16

(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.

Question 17

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.

Answer 17

guarantee or warranty of the case outcome

Question 18

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.

Answer 18

quick cash or settlement

Question 19

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.

Answer 19

impersonation without disclosing it is an impersonation

Question 20

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 _____________.

Answer 20

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

Question 21

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.

Answer 21

the statement is not false or misleading

Question 22

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.

Answer 22

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

Question 23

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 ____________.

Answer 23

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

Question 24

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.

Answer 24

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

Question 25

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.

Answer 25

specific prospective client

Question 26

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.

Answer 26

pecuniary gain

Question 27

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 ______________.

Answer 27

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

Question 28

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

Answer 28

agents ## Footnote 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.

Question 29

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

Answer 29

truthful and non-deceptive

Question 30

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

Answer 30

known to face a particular legal problem

Question 31

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

Answer 31

may

Question 32

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

Answer 32

coerce, harass, or solicit

Question 33

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.

Answer 33

materially limited

Question 34

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.

Answer 34

do not require

Question 35

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.

Answer 35

the informed written consent of each client

Question 36

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.

Answer 36

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

Question 37

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

Answer 37

between clients

Question 38

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 _______________.

Answer 38

making extrajudicial statements the prosecutor is prohibited from making

Question 39

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.

Answer 39

(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.

Question 40

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.

Answer 40

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

Question 41

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) _________.

Answer 41

will have a substantial likelihood of materially prejudicing an adjudicative proceeding