Multistate Professional Responsibility Exam Practice Question
A lawyer is approached by an association that wants to extend discounted legal assistance to its members through a plan controlled by the association's board. The lawyer plans to bring informational flyers to the group's gathering describing the plan. Which statement best reflects an ethical approach?
It is allowable only if the lawyer maintains complete control of how the plan operates.
It is permissible because the plan is sponsored by the association rather than the lawyer.
It is improper because any in-person contact with potential clients violates ethical guidelines.
This is unethical because the individual clients did not seek out the assistance of the lawyer.
A group legal-services arrangement is generally permissible when the plan is operated by an organization that the lawyer does not own or direct. The lawyer may speak to the association's members and distribute printed information because Rule 7.3(e) allows participation in a bona fide group or prepaid legal-services plan that uses live person-to-person contact, provided the plan-not the lawyer-controls enrollment. The other statements are wrong because (1) a lawyer may not control or direct the plan, (2) live contact is allowed in this context, and (3) there is no requirement that each member first seek out the lawyer.
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