Tuesday, December 27, 2011

SOLICITATION: WHEN IT IS UNETHICAL AND WHEN IT IS ETHICAL


There are two main ways that attorneys seek to be hired by prospective clients:
a. In-person, live telephone, or real-time electronic contact. Solicitation of clients through such contact is unethical if the attorney’s goal is to seek fees or other financial benefit (pecuniary gain”) unless the contact is with another attorney or someone with whom the attorney has a family, close personal, or prior professional relationship. ABA Model Rule 7.3
b. Written, recorded, e-mail, or other electronic contact. Solicitation of clients through such contact is ethical unless (a) the attorney knows that the prospective client does not want to be solicited, (b) the solicitation involves coercion, duress, or harassment, or (c) the solicitation is untruthful or misleading. ABA Model Rule 7.3

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