Info about Legal Services: Solicitation Flashcards
What rules apply to solicitation?
RPC?
CA?
RPC –> A lawyer must not seek fee-paying work by INITIATING the following contact:
1. personal
2. live telephone
3. live electronic
.. if the person is:
(i) not a lawyer; AND
(ii) with whom lawyer has no personal, family, or professional relationship
CA Rule –>
- prohibits ALL phone contact, not just live
- says nothing about electronic contact
- prohibits contact if they are represented in the matter by an attorney
What is the rule w regards of use of agents to solicit?
lawyer may not use agents to solicit in a way he can’t solicit
Does the solicitation rule apply to free legal services?
No
May lawyer solicit legal business from other lawyers, family, personal, or prior professional relationship?
Yes.
What is the rule w regards to sending targeted direct-mail solicitations?
Absent ACTUAL KNOWLEDGE that the person does not want to receive communications from the lawyer, a lawyer may send TRUTHFUL, NON-DECEPTIVE letters to persons known to face a specific legal problem
HOWEVER –> written or recorded targeted solicitations must be marked as “advertising material” (unless to family, friends, etc).
What is the rule against harassment ?
Lawyer must not:
- coerce or harass targets of solicitation; AND
- Must not solicit any person who has indicated he does not wish to be solicited.
What is the rule w regards to contacting members of group legal services plans?
A lawyer MAY personally contact a group that proposes to adopt a prepaid or group legal service plan.
Furthermore, the plan may itself make personal and live telephone contact with prospective subscribers who are not known to need specific legal services.
