Certified Legal Professional (CLP) Practice Exam

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Which of the following is true about advertising according to the Model Rules of Professional Conduct?

  1. In-person solicitations for pecuniary gain are always permissible

  2. Advertisements must have a responsible person's name included

  3. Targeted mailings are strictly prohibited

  4. Lawyers cannot advertise their services at all

The correct answer is: Advertisements must have a responsible person's name included

The assertion that advertisements must include the name of a responsible person is grounded in the Model Rules of Professional Conduct, which require that any advertisements for legal services disclose the identity of a lawyer or law firm responsible for the advertisement. This requirement serves to ensure accountability and transparency, allowing potential clients to identify who is promoting the legal services and creating a direct line of responsibility for the claims made in the advertisement. This rule partakes in the broader ethical considerations surrounding legal advertising, aimed at protecting the public from misleading advertising practices. By requiring a responsible person's name, the rules help foster trust in the legal profession, enabling clients to reach someone for inquiries or complaints regarding the advertisement. In contrast, the other options suggest practices that either misrepresent the ethical guidelines or imply restrictions that do not align with the Model Rules. For example, in-person solicitations are not universally permissible and are subject to specific restrictions. Similarly, targeted mailings can be permissible under certain conditions and are not outright prohibited. Moreover, while lawyers have guidelines they must adhere to when advertising their services, an outright ban on advertising does not align with contemporary practice as recognized by the Model Rules.