[2] There is a risk of abuse if an application involves direct or personal telephone contact between a lawyer and a person known to need legal services. These forms of contact subject a person to the private urgency of the lawyer trained in a direct interpersonal meeting. The person who may already feel overwhelmed by the circumstances that justify the need for legal services may find it difficult to fully assess all available alternatives with reasoned judgment and reasonable self-interest, given the presence of the lawyer and the insistence on immediate engagement. The situation is full of opportunities for undue influence, intimidation and excess. Get legal support to protect and grow your business through document review, debt collection and more. Start your business legally and properly so you can achieve your goals with confidence. [7] This rule is not intended to prohibit a lawyer from contacting representatives of organizations or groups that may be interested in setting up a group or prepaid legal plan for their members, insureds, beneficiaries or other third parties in order to inform those businesses of the availability and details of the plan or agreement that the lawyer or law firm is prepared to offer. This form of communication is not for people who are seeking legal advice for themselves. Rather, it is aimed at a fiduciary person looking for a legal service provider to others who, if they wish, can become potential clients of the lawyer. In these circumstances, the lawyer`s activity in communicating with these representatives and the nature of the information disclosed to the person are functionally similar and serve the same purpose as the advertising permitted under rule 7.2. [8] The requirement in Rule 7.3(c) that certain communications be labelled “promotional material” does not apply to communications sent in response to requests from potential customers or their spokespersons or sponsors. General notices from lawyers, including changes in staff or office location, are not communications requesting professional employment for a client known to require legal services within the meaning of this rule. Notwithstanding the prohibitions in paragraph (a), a lawyer may participate in a prepaid or group legal services plan operated by an organization that is not owned or operated by the lawyer and that uses in-person or telephone contacts to solicit memberships or subscriptions to the plan from persons who are not known to require legal services in a particular matter covered by the regime.
Disclaimer: The resources and information on this page are provided for informational purposes only and do not constitute legal advice. Resources for the convenience of Minnesota residents. Readers need to learn more. We have worked with law firms in the United States that have experience in almost every area of law. You can consult your LegalShield provider on many common legal issues and they will work diligently to find a solution. Delve deeper into some of the most common practice areas that your LegalShield firm can help. Legal advice on an unlimited number of personal legal issues by lawyers with an average of 22 years of experience. [9] Paragraph (d) of this rule allows a lawyer to participate in an organization that uses in-person contacts to recruit members for its group or prepaid legal services plan, provided that the personal contact is not provided by a lawyer who would provide legal services through the plan. The organization must not be owned or operated by a lawyer or law firm participating in the plan. For example, paragraph (d) would not permit a lawyer to form an organization controlled directly or indirectly by the lawyer and to use the organization for personal or telephone solicitation of legal employment of the lawyer through memberships in the plan or otherwise.
Communications permitted by these organizations must also not be directed to a person known to require legal services in a particular case, but are intended to inform potential plan members generally about another means of affordable legal services. Lawyers participating in a legal services plan must reasonably ensure that plan sponsors comply with rules 7.1, 7.2 and 7.3(b). See Rule 8.4(a). [1] An invitation is a targeted communication initiated by the lawyer, addressed to a specific person and who offers to provide legal services or can reasonably be understood as such. On the other hand, a lawyer`s communication generally does not constitute an invitation if it is addressed to the general public, for example by means of a billboard, an Internet banner advertisement, a website or a television advertisement, or if it responds to a request for information or is automatically generated in response to Internet searches. Any written, recorded or electronic communication from a lawyer applying for professional employment to a person known to require legal services in a particular matter must clearly and prominently include the words “promotional material” on the outer envelope, if any, and in any written, recorded or electronic communication, unless the addressee of the notice is a person referred to in subsection (a)(1) or (a) (2). [3] This potential for abuse, inherent in direct personal advertising or direct telephone advertising, justifies its prohibition, especially since lawyers have other means of providing the necessary information to those who may need legal services. In particular, notices may be sent or transmitted by electronic mail or other electronic means by electronic mail or other electronic means that do not involve real-time contact and do not violate other laws governing solicitations. These forms of communication and solicitation allow the public to be informed of the need for legal services and the qualifications of available lawyers and law firms, without exposing the public to direct personal or telephone persuasions that could overwhelm a person`s judgment.