Under Solicitation (PR), liability arises when the attorney orders, ratifies, or supervises which conduct?

Under Solicitation (PR), liability arises when the attorney orders, ratifies, or supervises which conduct?

• A. Liability arises if the attorney personally engages in the conduct.
• B. Liability arises if the attorney orders the conduct.
• C. Liability arises if the attorney is aware of the conduct.
• D. Liability arises if the attorney orders, ratifies, or supervises the conduct.

Answer: (D)

Lawyers can be liable for improper client solicitation not only for what they personally do, but also for what they direct or oversee others to do. If an attorney orders prohibited solicitation, ratifies it by approving it after it occurs, or supervises the conduct so that it goes forward, the attorney can be held responsible for that conduct under professional responsibility rules. Mere awareness of such conduct without taking action to order, ratify, or supervise it isn’t enough to trigger liability in this context. The key is the supervisory role: ordering, approving after the fact, or overseeing the activity makes the attorney liable for the improper solicitation.

Lawyers can be liable for improper client solicitation not only for what they personally do, but also for what they direct or oversee others to do. If an attorney orders prohibited solicitation, ratifies it by approving it after it occurs, or supervises the conduct so that it goes forward, the attorney can be held responsible for that conduct under professional responsibility rules. Mere awareness of such conduct without taking action to order, ratify, or supervise it isn’t enough to trigger liability in this context. The key is the supervisory role: ordering, approving after the fact, or overseeing the activity makes the attorney liable for the improper solicitation.