Generally speaking, lawyers are free to refer potential clients in writing, provided that the requests meet certain requirements, but lawyers are not allowed to advertise by telephone or in person. One of the objectives of the prohibition on telephone requests, as set out in the ABA Model Rules, is to address the concern that a person “who may already feel overwhelmed by the circumstances that create the need for legal services may have difficulty making full use of all available alternatives with reasoned judgment and reasonable self-interest in the presence of counsel and the insistence on immediate engagement. evaluate”. This concern is largely absent when the potential client has received a letter, had the opportunity to review their options, and then made a positive call to you. If someone asks you for legal advice after receiving a letter from you, the content of the conversation is likely to be preferred, even if the call does not lead to representation. (See Cal. Evid. Code, §§ 951, 954. “Pro Bono” means “for the benefit” of the public; The basic rules that prohibit personal solicitation do not apply when it comes to doing pro bono work. [2] “Person-to-person direct contact” means personal, personal, live telephone and other person-to-person visual or auditory communication in real time, where the person is exposed to a direct face-to-face encounter without having time to think. This personal contact does not include chat rooms, text messages, or other written communications that recipients can easily ignore. There is a risk of overtaking if a lawyer seeking financial gain asks a person known to need legal services through live person-to-person contacts. This form of contact subjects a person to the private service of the lawyer trained in a direct interpersonal meeting.
A person who may already feel overwhelmed by the circumstances that justify the need for legal services may have difficulty fully assessing all available alternatives with reasoned judgment and reasonable self-interest, given the presence of counsel and the insistence on an immediate response. The situation is fraught with opportunities for undue influence, intimidation and excessive stretching. While the word “networking” itself doesn`t appear in the language, government rules deal with business development and attracting new customers – which is certainly a primary goal of networking. All lawyers seem to know the “rule” that lawyers should not run after ambulances. But what does this really mean? RPC 98. The opinion interprets the term “professional relationship” and examines the circumstances in which the recruitment of persons or organizations with which a lawyer has done business and professional is permitted. Targeted print advertising is also discussed. In addition to the state bars that govern the recruitment of lawyers, the federal government has issued additional regulations on the conduct of lawyers.
Under one of the laws, 49 U.S.C. § 1136(g)(2), lawyers may not communicate with families or victims of a plane crash until at least 45 days after the accident. RPC 200. The opinion is that lawyers staying in a law firm can contact by phone or in person clients whose legal affairs have been handled exclusively by a lawyer who has left the firm. There are countless articles and business books that explain how to connect – and how important it is to “ask questions about business” when networking. While this advice applies to most business people, it can get lawyers into trouble. In some circumstances, simple “business questions” can violate ethical rules and expose you to disciplinary action. Don`t be afraid to maintain your business. That`s not the point of this post. However, know your professional limits so that you can enjoy networking, because you know that you are fully compliant with the rules. According to ABA Model Rule 7.3, lawyers cannot apply for “professional employment from a potential client” in person, by telephone or by real-time electronic contact – unless the person sought is a lawyer or has a “previous family, close personal or professional relationship with the lawyer”. RPC 71.
The opinion governs, among other things, that a lawyer cannot accept legal employment through a prepaid legal services plan owned by the lawyer`s wife or another member of the lawyer`s immediate family if the plan markets its services upon personal request. [2] There is a risk of abuse if a solicitation involves direct personal or telephone contact by a lawyer with a person known to require legal services. These forms of contact expose a person to the private service of the lawyer trained in a direct interpersonal encounter. A person who may already feel overwhelmed by the circumstances that justify the need for legal services may have difficulty fully assessing all available alternatives with reasoned judgment and reasonable self-interest given the presence of counsel and the insistence on immediate engagement. The situation is fraught with opportunities for undue influence, intimidation and excessive stretching. Any written, recorded or electronic communication from a lawyer requesting professional employment to persons known to require legal services in a particular matter must clearly include the words “promotional material” on the outer envelope, if any, and in any written, recorded or electronic communication, unless the recipient of the communication is the person referred to in paragraph (a)(1) or (a) 2nd named person. .