JURI 580 FINAL EXAM QUESTIONS AND ANSWERS ALL CORRECT

JURI 580 FINAL EXAM QUESTIONS AND ANSWERS 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; (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 the agreement. (c) Any communication made pursuant to this rule shall include the name and office address of at least one lawyer or law firm responsible for its content." American Bar Association, Model Rules of Professional Conduct, ABA Model Rule 7.2 Advertising, Center for Professional responsibility, (July 6, 2018 5:15 PM), ABA Model Rule 4.1 states that, "In the course of representing a client a lawyer shall not knowingly: (a) make a false statement of material fact or law to a third person; or (b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6." American Bar Association, Model Rules of Professional Conduct, ABA Model Rule 4.1 - Truthfulness in Statements to Others, Center for Professional responsibility, (July 11, 2018 2:15 AM), ABA Model Rule 1.9 states that, "(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.(b) A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented a client (1) whose interests are materially adverse to that person; and (2) about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(c) that is material to the matter; unless the former client gives informed consent, confirmed in writing. (c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter: (1) use information relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or (2) reveal information relating to the representation except as these Rules would permit or require with respect to a client." American Bar Association, Model Rules of Professional Conduct, ABA Model Rule 1.9 Duties To Former Clients, Center for Professional responsibility, (July 8, 2018 5:15 AM), c Scripture says, "Let not the wise boast of their wisdom or the strong boast of their strength or the rich boast of their riches." Jeremiah 9:23 (ESV). "Whoever goes about slandering reveals secrets, but he who is trustworthy in spirit keeps a thing covered" Proverbs 11:13 (NSV). Application (Analysis) Upon review of facts of this case from the perspective of ABA Model Rules 7.2 and 7.3, the lawyer was well within his rights to advertise, and presented no breaches of this rule. Upon review of this case from the perspective of ABA Model Rules 4.1 there was no evidence of false statements to potential clients, nor where there any breaches in ABA Model Rule, 1.9 as it relates to potential confidentiality issues of former clients as no names