Under Solicitation (PR), liability arises if the attorney what?

Under Solicitation (PR), liability arises if the attorney what?

• A. Liable if orders, ratifies, or supervises the conduct.
• B. Liable only if the client consents.
• C. Liability cannot be imposed on attorneys.
• D. Liable if the attorney's statements were false.

Answer: (A)

The key idea here is how liability for solicitation is assigned to lawyers when others act on their behalf. If a lawyer orders, ratifies, or actively supervises the conduct of someone who is soliciting clients for the lawyer, the lawyer can be held responsible for that solicitation. This follows the principle that a lawyer is accountable for the acts of agents who act under the lawyer’s direction or control. Simply getting client consent does not shield the attorney, and liability isn’t limited to situations where the attorney’s statements are false; the crucial factor is the attorney’s authority over, or endorsement of, the solicitation conduct. So the best answer is that liability arises when the attorney orders, ratifies, or supervises the solicitation.

The key idea here is how liability for solicitation is assigned to lawyers when others act on their behalf. If a lawyer orders, ratifies, or actively supervises the conduct of someone who is soliciting clients for the lawyer, the lawyer can be held responsible for that solicitation. This follows the principle that a lawyer is accountable for the acts of agents who act under the lawyer’s direction or control. Simply getting client consent does not shield the attorney, and liability isn’t limited to situations where the attorney’s statements are false; the crucial factor is the attorney’s authority over, or endorsement of, the solicitation conduct. So the best answer is that liability arises when the attorney orders, ratifies, or supervises the solicitation.