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Prof Responsibility • Advertising and Solicitations
PR#008
Legal Definition
Solicitation involves directed contact with a particular person or persons. According to Rule 7.3, a lawyer must not seek fee-paying work by initiating live person-to-person, telephone, or real-time electronic contact with a prospective client who is not a former client, current client, or someone with whom the lawyer has a personal, professional, or family relationship.
Note that solicitations of offers for free legal services, made without hope of pecuniary gain, are permitted under Rule 7.3. This exception allows lawyers to offer pro bono legal services without violating the prohibition against direct solicitation, as the rule specifically targets solicitations where the lawyer’s primary motive is financial gain. Therefore, solicitations involving free legal services, when made without the expectation of receiving payment, do not fall under the same restrictions as those aimed at securing fee-paying work.
Note that solicitations of offers for free legal services, made without hope of pecuniary gain, are permitted under Rule 7.3. This exception allows lawyers to offer pro bono legal services without violating the prohibition against direct solicitation, as the rule specifically targets solicitations where the lawyer’s primary motive is financial gain. Therefore, solicitations involving free legal services, when made without the expectation of receiving payment, do not fall under the same restrictions as those aimed at securing fee-paying work.
Plain English Explanation
Imagine you've just been in a car accident and are lying in a hospital bed, worried about medical bills and missed work. Suddenly, a lawyer you've never met barges into your room, hands you a business card, and starts pressuring you to hire them for your case. This scenario is exactly what the "duty to avoid solicitation" rule aims to prevent.
The legal world recognizes that people facing legal issues are often in vulnerable positions. They might be stressed, scared, or unsure of their rights. In these moments, they could be easily swayed by a smooth-talking lawyer who shows up at just the right (or wrong) time.
To protect people from this kind of pressure, lawyers are generally not allowed to directly approach potential clients to offer their services. This means no unexpected office visits, no cold calls, and no sliding into your DMs on social media. The rule applies to any real-time communication where the lawyer can put immediate pressure on someone to hire them.
There are some exceptions, though. Lawyers can reach out directly to people they already have a relationship with – like current or former clients, friends, or family members. The idea is that these people are less likely to feel pressured or manipulated by the lawyer's approach.
Note: the rule doesn't apply when lawyers offer free legal services. This exception allows for things like pro bono work or legal aid clinics, where lawyers volunteer their time to help those in need without expecting payment.
The legal world recognizes that people facing legal issues are often in vulnerable positions. They might be stressed, scared, or unsure of their rights. In these moments, they could be easily swayed by a smooth-talking lawyer who shows up at just the right (or wrong) time.
To protect people from this kind of pressure, lawyers are generally not allowed to directly approach potential clients to offer their services. This means no unexpected office visits, no cold calls, and no sliding into your DMs on social media. The rule applies to any real-time communication where the lawyer can put immediate pressure on someone to hire them.
There are some exceptions, though. Lawyers can reach out directly to people they already have a relationship with – like current or former clients, friends, or family members. The idea is that these people are less likely to feel pressured or manipulated by the lawyer's approach.
Note: the rule doesn't apply when lawyers offer free legal services. This exception allows for things like pro bono work or legal aid clinics, where lawyers volunteer their time to help those in need without expecting payment.
Hypothetical
Hypo 1: Bob, a personal injury lawyer, hears about a major car accident on the local news. He decides to visit the hospital where the victims are being treated. Bob goes room to room, introducing himself to injured patients and leaving his business cards, suggesting they should hire him to handle their accident claims. Result: Bob has violated the rule against solicitation. He initiated in-person contact with potential clients who he knew needed legal services, with the aim of securing paid work. The fact that these individuals were hospitalized makes them particularly vulnerable, highlighting why this type of solicitation is prohibited.
Hypo 2: Sam is involved in a fender-bender in a parking lot. As he's exchanging insurance information with the other driver, Bob happens to walk by. Bob, recognizing a potential client, approaches Sam, introduces himself as a lawyer, and offers to represent Sam in any legal matters arising from the accident. Result: Again, Bob has violated the solicitation rule. Even though this was a chance encounter, Bob still initiated in-person contact with Sam for the purpose of obtaining business, knowing Sam had just been in an accident and might need legal services.
Hypo 3: Bob volunteers at a local community center, offering free legal advice to low-income residents. During these sessions, he meets with individuals, discusses their legal issues, and provides guidance, all without charging any fees. Result: Bob's actions here do not violate the solicitation rule. Because he is offering free legal services without the expectation of payment, this type of direct contact with potential clients is permitted.
Hypo 4: Sam, a longtime client of Bob's, mentions to Bob that his brother was recently injured in a workplace accident. Bob asks Sam to pass along his contact information to the brother, saying he'd be happy to represent him in a potential worker's compensation case. Result: This scenario does not violate the solicitation rule. Bob is not directly contacting the brother, but rather asking a current client (Sam) to pass along information.
Hypo 5: Bob posts an advertisement on his website and social media pages stating, "Were you injured in an accident? I can help! Contact me for a free consultation." A person who was recently in a car accident sees the ad and reaches out to Bob. Result: This scenario would not violate the solicitation rule. General advertisements directed to the public, rather than targeted communications to specific individuals known to need legal services, are permitted. The potential client initiated contact with Bob in response to the ad, rather than Bob directly approaching them.
Hypo 2: Sam is involved in a fender-bender in a parking lot. As he's exchanging insurance information with the other driver, Bob happens to walk by. Bob, recognizing a potential client, approaches Sam, introduces himself as a lawyer, and offers to represent Sam in any legal matters arising from the accident. Result: Again, Bob has violated the solicitation rule. Even though this was a chance encounter, Bob still initiated in-person contact with Sam for the purpose of obtaining business, knowing Sam had just been in an accident and might need legal services.
Hypo 3: Bob volunteers at a local community center, offering free legal advice to low-income residents. During these sessions, he meets with individuals, discusses their legal issues, and provides guidance, all without charging any fees. Result: Bob's actions here do not violate the solicitation rule. Because he is offering free legal services without the expectation of payment, this type of direct contact with potential clients is permitted.
Hypo 4: Sam, a longtime client of Bob's, mentions to Bob that his brother was recently injured in a workplace accident. Bob asks Sam to pass along his contact information to the brother, saying he'd be happy to represent him in a potential worker's compensation case. Result: This scenario does not violate the solicitation rule. Bob is not directly contacting the brother, but rather asking a current client (Sam) to pass along information.
Hypo 5: Bob posts an advertisement on his website and social media pages stating, "Were you injured in an accident? I can help! Contact me for a free consultation." A person who was recently in a car accident sees the ad and reaches out to Bob. Result: This scenario would not violate the solicitation rule. General advertisements directed to the public, rather than targeted communications to specific individuals known to need legal services, are permitted. The potential client initiated contact with Bob in response to the ad, rather than Bob directly approaching them.
Visual Aids
