Solicitation Flashcards
Solicitation
A lawyer cannot solicit business from a prospective client with whom they have no familial or prior professional relationship with when the lawyers significant motive is pecuniary gain.
A lawyer cannot knowingly talk to someone who is represented without the other lawyer’s presence.
Mailing – Accident victims
Lawyers may have a written mailing but cannot contact an accident vicim less than 30 days after the accident.
Advertising/Mailing General rules
Advertising and mailing are permissible as long as (1) the name of lawyer and location of practice is given; (2) there are no false, misleading, or deceptive information; (3) there are no guarantees made about the outcome; and (4) they do not reference areas of the law the lawyer does not practice, but the lawyer can talk about objectively verifiable awards and achievements.
For mailings, the envelope and first page of the mailing must disclose it is an advertisement in red ink.
The ads or mailings cannot talk about other lawyers or other results that are not verifiable.
Testimonials are only allowed if they disclose the actual experience of the client or firm’s clients in general, and must disclaim that prospective client results may not be the same as the testimony.
A mailing must contain the education, experience, and expertise of the lawyer.
