1. Lee was a member of the GSU team that won the 2010 National Trial Practice competition. After graduating in 2011, she set up a solo practice. She now wants to create a firm website and asks you if she could be disciplined if her website states: "Lee has been nationally recognized for her trial practice skills." The correct answer to give her would be: (Multiple Choice)
| Responses | ||
|---|---|---|
| Percent | Count | |
| No, if you make sure, if you take the web page with that statement off the internet in the future, that you keep for at least two years thereafter a printed copy of the web page along with information about where and when it was posted on the internet. | 12.5% | 3 |
| Yes, because by failing to disclose that the recognition preceded your admission to the bar, the statement is materially misleading. ( c ) | 87.5% | 21 |
| No, because the statement can be factually substantiated. | 0% | 0 |
| No, because the internet is not considered a form of public media or written communication. | 0% | 0 |
| Totals | 100% | 24 |
2. In 2009, Randy received a Formal Admonition for opening up his solo practice under the name, "Decatur Family Law Center," without including his own name. In 2010, he received a confidential Investigative Panel Reprimand for failing to keep proper records of when and where he had placed advertisements. In 2011, the Investigative Panel issued a Notice of Discipline for advertising that he is an estate planning specialist without in fact having experience, specialized training or certification in that field in violation of GRPC 7.4 and the case is now before the Review Panel. The maximum penalty the Review Panel can recommend to the Georgia Supreme Court is: (Multiple Choice)
| Responses | ||
|---|---|---|
| Percent | Count | |
| Disbarment ( c ) | 46.43% | 13 |
| Suspension | 14.29% | 4 |
| Public Reprimand | 39.29% | 11 |
| Confidential Review Panel Reprimand | 0% | 0 |
| None of the above | 0% | 0 |
| Totals | 100% | 28 |
3. In 2009, Randy received a Formal Admonition for opening up his solo practice under the name, "Decatur Family Law Center," without including his own name. In 2010, he received a confidential Investigative Panel Reprimand for failing to keep proper records of when and where he had placed advertisements. In 2011, the Investigative Panel issued a Notice of Discipline for advertising that he is an estate planning specialist without in fact having experience, specialized training or certification in that field in violation of GRPC 7.4 and the case is now before the Review Panel. The maximum penalty the Review Panel can recommend to the Georgia Supreme Court is: (Multiple Choice)
| Responses | ||
|---|---|---|
| Percent | Count | |
| Disbarment ( c ) | 46.15% | 12 |
| Suspension | 15.38% | 4 |
| Public Reprimand | 38.46% | 10 |
| Confidential Review Panel Reprimand | 0% | 0 |
| None of the above | 0% | 0 |
| Totals | 100% | 26 |
4. Susan, a solo practioner in Marietta, Georgia, has just hired Dana to join the firm as an associate. Susan has told the receptionist to refer to Dana all callers responding to the firm's TV ad: "About to be foreclosed?" Dana has now taken 5 such calls and Susan has told her to refer each caller to another law firm. When the same thing happens with the 6th call, Dana shows Susan FAO 05-6 but Susan tells her to refer that caller also. If Dana follow's Susan's instruction, is she subject to discipline? (Multiple Choice)
| Responses | ||
|---|---|---|
| Percent | Count | |
| No, because FAO is only an advisory opinion. | 7.14% | 2 |
| No, because Dana would be acting at the direction of her supervising attorney, Susan. | 42.86% | 12 |
| No, if Susan tells her FAO 05-6 is inapplicable because the firm intends to offer representation for mortgage relief but only if the mortgage amount is greater than these first six callers. ( c ) | 35.71% | 10 |
| All of the above. | 14.29% | 4 |
| Totals | 100% | 28 |
5. Susan, a solo practioner in Marietta, Georgia, has just hired Dana to join the firm as an associate. Susan has told the receptionist to refer to Dana all callers responding to the firm's TV ad: "About to be foreclosed?" Dana has now taken 5 such calls and Susan has told her to refer each caller to another law firm. When the same thing happens with the 6th call, Dana shows Susan FAO 05-6 but Susan tells her to refer that caller also. If Dana follow's Susan's instruction, is she subject to discipline? (Multiple Choice)
| Responses | ||
|---|---|---|
| Percent | Count | |
| No, because FAO is only an advisory opinion. | 0% | 0 |
| No, because Dana would be acting at the direction of her supervising attorney, Susan. | 39.29% | 11 |
| No, if Susan tells her FAO 05-6 is inapplicable because the firm intends to offer representation for mortgage relief but only if the mortgage amount is greater than these first six callers. ( c ) | 57.14% | 16 |
| All of the above. | 3.57% | 1 |
| Totals | 100% | 28 |
6. The next call to Susan's firm is from Sam in Alabama who saw the ad on an Alabama TV station and liked the part that said "no fee unless we save your house." The ad did not disclose that clients would have to pay court costs. Alabama's version of Rule 7.1 is identical to ABA 7.1. Sam's mortgage is held by a bank in Atlanta. Susan meets with Sam in Marietta and signs a contingent fee agreement to file a lawsuit in Atlanta against the bank. Can Susan lose her license to practice law in Georgia for this conduct? (Multiple Choice)
| Responses | ||
|---|---|---|
| Percent | Count | |
| No, because Georgia has no jurisdiction to discipline a lawyer for conduct outside Georgia. | 3.57% | 1 |
| No, because Alabama's version of Rule 7.1 does not contain the language about contingent fees found in GRPC 7.1. | 17.86% | 5 |
| Yes, because Georgia prohibits advertising the basis on which the lawyer's fees are determined. | 35.71% | 10 |
| Yes, because the effect of the ad seen by Sam was to create a lawyer-client relationship in Georgia. ( c ) | 42.86% | 12 |
| Totals | 100% | 28 |
7. The next call to Susan's firm is from Sam in Alabama who saw the ad on an Alabama TV station and liked the part that said "no fee unless we save your house." The ad did not disclose that clients would have to pay court costs. Alabama's version of Rule 7.1 is identical to ABA 7.1. Sam's mortgage is held by a bank in Atlanta. Susan meets with Sam in Marietta and signs a contingent fee agreement to file a lawsuit in Atlanta against the bank. Can Susan lose her license to practice law in Georgia for this conduct? (Multiple Choice)
| Responses | ||
|---|---|---|
| Percent | Count | |
| No, because Georgia has no jurisdiction to discipline a lawyer for conduct outside Georgia. | 0% | 0 |
| No, because Alabama's version of Rule 7.1 does not contain the language about contingent fees found in GRPC 7.1. | 18.52% | 5 |
| Yes, because Georgia prohibits advertising the basis on which the lawyer's fees are determined. | 44.44% | 12 |
| Yes, because the effect of the ad seen by Sam was to create a lawyer-client relationship in Georgia. ( c ) | 37.04% | 10 |
| Totals | 100% | 27 |
8. Under the ABA Standards for Imposing Lawyer Sanctions, which of the following factors are mitigating circumstances that may justify a reduction in the degree of discipline to be imposed? (Multiple Choice)
| Responses | ||
|---|---|---|
| Percent | Count | |
| Timely good faith effort to make restitution ( c ) | 76.92% | 20 |
| Substantial experience in the practice of law | 0% | 0 |
| The injured client's recommendation for a reduced sanction | 0% | 0 |
| All of the above | 11.54% | 3 |
| None of the above | 11.54% | 3 |
| Totals | 100% | 26 |
