New York Law (NYLE) Practice Exam

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

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

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

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

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

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

The Rules of Professional Responsibility explicitly state that in-person solicitation is permissible as long as it is not primarily motivated by pecuniary gain, particularly when the recipient is not an existing client. This means that if a lawyer approaches a potential client for the purpose of attracting business—and this approach is driven by the expectation of financial benefit—such solicitation could be deemed unethical. The emphasis on "significant motive" indicates that motivations must be carefully evaluated, focusing on the lawyer's intent regarding financial gain and the status of the recipient’s client relationship. The reasoning underlying this rule is to protect potential clients from undue pressure or manipulation by legal professionals during an in-person encounter, ensuring that communications are in the best interest of the recipient, not merely serving the lawyer’s financial objectives. This clarity ensures that lawyers maintain ethical standards while engaging with the public.