New York Law (NYLE) Practice Exam

Question: 1 / 400

What does the Rules of Professional Responsibility state about a lawyer's in-person solicitation?

If a significant motive of the lawyer is pecuniary gain and the person is not an existing client

The Rules of Professional Responsibility regarding a lawyer's in-person solicitation emphasize the importance of ensuring that a lawyer’s motivations are ethical, especially concerning potential pecuniary gain. The correct answer highlights that if the significant motive is monetary and the person being solicited is not an existing client, the solicitation is subjected to scrutiny under the rules.

The rationale behind this provision is to prevent exploitation of vulnerable individuals who may be in need of legal assistance. The rules ensure that in-person solicitation is done ethically and with respect for individuals' autonomy and privacy. If a lawyer's primary aim in soliciting a person is for financial gain and that person is not already a client, it raises ethical concerns about the interaction, particularly regarding the pressure that might be exerted on the potential client.

In contrast, other options do not take into account the necessity of the potential client having a previous relationship with the lawyer or the significant motive of pecuniary gain being specifically tied to non-existing clients. A more permissive interpretation could lead to situations where lawyers pursue potential clients purely for profit, which the ethical guidelines aim to prevent.

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If a significant motive of the lawyer is pecuniary gain regardless of the client

Anytime the lawyer is likely to receive pecuniary gain regardless of the client

Regardless of the lawyer's motive or whether the person is an existing client

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