Under the Model Rules, a lawyer is absolutely prohibited from soliciting or seeking professional employment by any means of advertising, including in-person, telephone, or real-time electronic contact, under which of the following situations?
Explanation
Answer: A - If the person contacted states he or she does not want to be solicited. A lawyer is absolutely prohibited from soliciting or seeking professional employment by any means of advertising, including in-person, telephone, or real-time electronic contact, if “(1) the prospective client has made known to the lawyer a desire not to be solicited by the lawyer; or (2) the solicitation involves coercion, duress or harassment.” Model Rule 7.3(b). Answer A is the best choice because it correctly describes a situation where solicitation is absolutely prohibited, and Rule 7.3(b) does not recognize the situations described in Answer B or Answer C.
