29
Sep
Unwanted Solicitation Letters from Lawyers -
There are a few attorneys out there who send letters to people unsolicited following a car accident or when people get a ticket. It seems obtrusive, inappropriate and unprofessional to many people. The question arises whether that it ethical or permitted. Generally it is ethical if the attorney follows specific Rules as required by the New Jersey Supreme Court.
At Levinson Axelrod, we do not send these solicitation letters. We have relied upon our reputation, referrals and advertising to reach potential clients. We have a long history of success throughout the State. Our advertising is often meant as just a reminder to those who already have heard of us, but were fortunate enough not to have needed a personal injury attorney before. When you are seriously injured, picking a lawyer based upon a letter solicitation is a questionable way in which to find highly qualified counsel.
If you get an unsolicited letter, make sure that it follows the rules as set forth here. If it does not, it may be an ethical violation by the attorney.
N.J. RULES OF PROFESSIONAL CONDUCT
R. 7.3(b)(5) (2003)
(b) A lawyer shall not contact, or send a written communication to, a prospective client for the purpose of obtaining professional employment if:
(5) the communication involves unsolicited direct contact with a prospective client concerning a specific event not covered by section (4) of this Rule when such contact has pecuniary gain as a significant motive except that a lawyer may send a letter by mail to a prospective client in such circumstances provided the letter:
(i) bears the word “ADVERTISEMENT” prominently displayed in capital letters at the top of the first page of text; and
(ii) contains the following notice at the bottom of the last page of text: “Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision.”; and
(iii) contains an additional notice also at the bottom of the last page of text that the recipient may, if the letter is inaccurate or misleading, report same to the Committee on Attorney Advertising, Hughes Justice Complex, CN 037, Trenton, New Jersey 08625.
If you receive a letter that does not comply with the Rules, you can report the same to the Committee on Attorney Advertising.
If you are injured in an accident or as a result of malpractice, we suggest you contact us to protect your rights and obtain a recovery if warranted. The attorney who sends a letter demonstrates that they can obtain a list, not that they are skilled, experienced or will be the best for protecting your rights and helping you maximize your recovery.