Multistate Professional Responsibility Exam Practice Question
Alex is an attorney who agrees to provide discounted legal help for employees of a local tech company through the company’s established plan. The company collects fees from employees and pays Alex from those funds. The company informs its workforce about the plan in newsletters and requests that Alex visit the office at times to speak about practical legal matters. Which choice describes an approach under ethical rules for participating attorneys?
Manage billing details transparently without hiding the source of payment
Agree to join the plan while maintaining professional judgment and avoiding improper solicitation
Take control of the plan’s promotional efforts to maintain compliance
Refuse payment from an intermediary despite the plan’s validity
Participation in a plan operated by an organization that uses its own promotional methods is allowed if the attorney does not engage in impermissible solicitation, retains professional judgment, and upholds the plan’s requirements. An attorney can accept payment from the plan sponsor but must maintain confidentiality and independence. Requiring strict supervision of all promotional activities exceeds what the rules demand, and completely refusing third-party payments is not necessary when the plan is valid. The attorney also should not obscure the source of funds, as transparency is important for ethical compliance.
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What are impermissible solicitation practices, and how can attorneys avoid them?
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What does maintaining professional judgment entail when participating in a legal assistance plan?
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Why is transparency in billing and payment sources important for ethical compliance?