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Lawyers and solicitation laws.

Posted on 3/1/16 at 3:02 pm
Posted by Cosmo
glassman's guest house
Member since Oct 2003
132645 posts
Posted on 3/1/16 at 3:02 pm
So on Better Call Saul last night the partners kinda got mad at Jimmy when it came out that he might be soliciting clients.

But print ads, billboards and tv commercial solicitation is fine.

Any lawyers care to explain how this works?

I anxiously await Slowseph's response.
Posted by Fonzarelli
Dallas
Member since Jan 2015
4103 posts
Posted on 3/1/16 at 3:04 pm to
quote:

Information About Legal Services
Rule 7.3 Solicitation of Clients
(a) A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain, unless the person contacted:

(1) is a lawyer; or

(2) has a family, close personal, or prior professional relationship with the lawyer.

(b) A lawyer shall not solicit professional employment by written, recorded or electronic communication or by in-person, telephone or real-time electronic contact even when not otherwise prohibited by paragraph (a), if:

(1) the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; or

(2) the solicitation involves coercion, duress or harassment.

(c) Every written, recorded or electronic communication from a lawyer soliciting professional employment from anyone known to be in need of legal services in a particular matter shall include the words "Advertising Material" on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person specified in paragraphs (a)(1) or (a)(2).

(d) Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses in-person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.


ABA Rule 7.3 Direct Contact with Prospective Client
Posted by BayouBandit24
Member since Aug 2010
17246 posts
Posted on 3/1/16 at 3:06 pm to
I think the difference is between targeting and putting pressure on a specific individual, instead of just putting out something much broader and having the clients approach you. But i'm no lawyer, just taking a guess
Posted by Crawdaddy
Slidell. The jewel of Louisiana
Member since Sep 2006
19373 posts
Posted on 3/1/16 at 3:07 pm to
Ole Jimmy is slick
Posted by TigersHuskers
Nebraska
Member since Oct 2014
15523 posts
Posted on 3/1/16 at 3:08 pm to
Lawyers are slimy pieces of shite
Posted by ThePoo
Work
Member since Jan 2007
61829 posts
Posted on 3/1/16 at 3:12 pm to
you mean explain the difference between advertisement and unethical solicitation?
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 3/1/16 at 3:14 pm to
My personal favorite is it's completely cool to put out ads that the insurance companies are trying to screw you (BEFORE YOU TAKE A CHECK, CHECK WITH ME!!!!), but insurance companies can't put out ads explaining that "check with me" has a percentage attached.
Posted by PAGator
Member since Jul 2015
2339 posts
Posted on 3/1/16 at 3:14 pm to
quote:

But print ads, billboards and tv commercial solicitation is fine.


They're not directly contacting the desired client. Solicitation is a very direct, intentional "advertising" such as going door-to-door or cold calling the phone book.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
15281 posts
Posted on 3/1/16 at 3:14 pm to
That's all good and well. I was surprised after being charged with a DWI, within 72 hours my mailbox must have had 50+ letters from lawyers.
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
84835 posts
Posted on 3/1/16 at 3:15 pm to
I have brochures made only to send to my friends just to mess with them.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20404 posts
Posted on 3/1/16 at 3:20 pm to
They don't do it now but years back I was in a minor traffic accident and I received dozens of solicitation letters from local ambulance chasers. I loved the ones that came with a doctors appointment already scheduled for me with their partner quack.
Posted by Havoc
Member since Nov 2015
39565 posts
Posted on 3/1/16 at 3:25 pm to
Different firms have differing sensitivities or protocols about soliciting.
Posted by JohnZeroQ
Pelicans of Lafourche
Member since Jan 2012
8536 posts
Posted on 3/1/16 at 3:25 pm to
You mean Slipping Jimmy
Posted by Havoc
Member since Nov 2015
39565 posts
Posted on 3/1/16 at 3:29 pm to
quote:

"check with me" has a percentage attached.

Do people not realize this? Regardless, the attorney is required to advise them of that.
Posted by boosiebadazz
Member since Feb 2008
86409 posts
Posted on 3/1/16 at 3:47 pm to
quote:

but insurance companies can't put out ads explaining that "check with me" has a percentage attached.


Can they not?

and apparently you've never heard of LABI and other industry trade groups.
This post was edited on 3/1/16 at 4:03 pm
Posted by Anonymous95
Member since Sep 2014
2101 posts
Posted on 3/1/16 at 4:06 pm to
quote:

72 hours my mailbox must have had 50+ letters from lawyers.

Same. A DUI is one indignity after another. My favorite though is the high end certificate they give you for completing pre-trial. Who the frick would frame that thing?
Posted by GeeOH
Louisiana
Member since Dec 2013
13376 posts
Posted on 3/1/16 at 4:18 pm to
quote:

Lawyers are slimy pieces of shite


Tried to represent yourself and ex stroked you to the bank, eh?
Posted by TigerGman
Center of the Universe
Member since Sep 2006
14079 posts
Posted on 3/1/16 at 4:33 pm to
quote:

but insurance companies can't put out ads explaining that "check with me" has a percentage attached.

What Imperial Edict makes this so?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 3/1/16 at 6:20 pm to
quote:

I anxiously await Slowseph's response.

i have to wach my tongue, but lawyers are regulated unlike almost any industry in terms of what we can do to promote our services

general terms: you aren't supposed to DIRECTLY solicit from people you have no past with. if you have a previous history, if you hear they get run over or arrested, you can call them immediately. you can advertise, but you have to follow strict rules and send the ads in for review

and today i was stuck watching CNN/NBC locally for hours during lunch time and HOLY frickING shite half the tv ads were pi lawyers
Posted by Thib-a-doe Tiger
Member since Nov 2012
36806 posts
Posted on 3/1/16 at 6:26 pm to
quote:

to wach my tongue, but lawyers are regulated unlike almost any industry in terms of what we can do to promote our services




Ha, try investments
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