MBE Rules · Professional Responsibility

Advertising and Solicitation

Cal. Rules of Prof. Conduct 7.1-7.3

The rule

A lawyer shall not make a false or misleading communication about the lawyer's services. Real-time in-person solicitation of professional employment from a nonlawyer prospective client is prohibited unless the person is another lawyer or has a family/close personal relationship with the lawyer.

In plain English

Lawyers must not make any false or misleading statements about their services when advertising. Additionally, they cannot solicit clients in person unless the potential client is another lawyer or has a close personal relationship with the lawyer.

Worked example

A lawyer sends out a flyer claiming they have a 100% success rate in personal injury cases. Later, they approach a stranger at a coffee shop to offer their services. This lawyer has violated the advertising rules by making a misleading statement and engaging in prohibited in-person solicitation.

Memory hook

No false ads and no cold calls—keep it real and personal!

The trap

Exams often present scenarios where the communication seems harmless but contains misleading implications, tricking students into thinking it's permissible. Additionally, students may confuse permissible solicitation with prohibited in-person approaches.

How examiners test it

Questions frequently involve fact patterns where a lawyer's advertising or solicitation practices are scrutinized, requiring candidates to identify violations of the rules.

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