Attorney Anderson advertises on the local television station. In the advertisement, a professional actor says: “Do you need a lawyer? Call Attorney Anderson – her telephone number is area code 555-555-5555. Her fees might be lower than you think.” Attorney Anderson approved the prerecorded advertisement and is keeping in her office files a copy of the recording of the actual transmission and a record of when each transmission was made. Is the advertisement proper?
A. Yes.
B. No, unless Attorney’s fees are lower than those generally charged in the area where she practices.
C. No, because she used a professional actor for the television advertisement.
D. No, if she makes a charge for the initial consultation.
Answer:A
Attorney Anderson advertises on the local television station. In the advertisement, a professional actor says: “Do you need a lawyer? Call Attorney Anderson – her telephone number is area code 555-555-5555. Her fees might be lower than you think.” Attorney Anderson approved the prerecorded advertisement and is keeping in her office files a copy of the recording of the actual transmission and a record of when each transmission was made. Is the advertisement proper?
A. Yes. B. No, unless Attorney’s fees are lower than those generally charged in the area where she practices. C. No, because she used a professional actor for the television advertisement. D. No, if she makes a charge for the initial consultation.
Explanation: Under Rule 7.1, “a lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services.” Language matters. Here, Attorney Anderson did not state that her fees “are lower” than other attorneys in the area; merely that her fees “might be lower than you think.” “C” is wrong because the Model Rules do not prohibit professional actors, though some state rules do. Remember, the MPRE tests on the Model Rules. Don’t get confused with state specific rules.