Lawyers may engage in permissible solicitation, such as advertising, but usually, they may not initiate contact with someone who has not sought out legal services. Don’t let yourself be taken advantage of by unethical lawyers, their investigators, or illegal service providers.
Whether you were injured in a car accident, at work, or in a slip and fall accident, you may be approached by an individual trying to persuade you to hire a law firm. This kind of solicitation puts unfair pressure on you during your most stressful time and is illegal in most cases. A lawyer can lose their bar license and face charges. Seek legal support from a trusted Atlanta personal injury lawyer.
What Is Lawyer Solicitation?
Lawyer solicitation refers to the practice of lawyers actively seeking out clients, often in a direct and personal manner, with the goal of offering their legal services. Solicitation can take various forms, some of which are permissible (advertising), while others are prohibited due to ethical concerns about exploitation, especially when potential clients are in vulnerable situations.
Illegal solicitation may also involve a runner who approaches you about your case. These individuals can be deceptive and coercive. They have only one goal: to get you to sign up with a specific law firm so they can get a commission.
They may slip you a lawyer’s card, make you promises, or even give you gifts to get your case. Anyone who tries to get you to hire a specific lawyer is likely getting a kickback. Ultimately, you are the one who pays their fee. It comes out of the money you win in your case. This money belongs to you.
Why Lawyer Solicitation Is Restricted
Lawyer solicitation is restricted to ensure that people who are going through traumatic events are not exploited. During these moments, individuals may be emotionally or physically distressed and unable to make clear decisions. Lawyers who aggressively seek clients during such times could pressure them into legal action without giving them time to evaluate their options properly.
The legal profession relies heavily on public trust. When lawyers engage in predatory practices, such as chasing after clients in person, it damages the profession’s reputation. Solicitation rules help maintain the integrity of legal professionals by ensuring that attorneys acquire clients ethically and responsibly.
Unrestricted lawyer solicitation could lead to an increase in frivolous lawsuits, which can burden courts and waste public resources. Lawyers may be tempted to pursue clients with unfounded cases motivated by financial gain rather than the merits of the case. This practice, known as barratry, can clog the legal system with unnecessary litigation, delaying justice for those with legitimate claims.
Laws on Illegal Solicitation
The American Bar Association (ABA) Model Rule 7.3 governs how lawyers approach potential clients. This rule states that lawyers shouldn’t contact people directly in person or through real-time chats unless the person has asked for that information.
Many states have their own rules about legal solicitation in addition to the ABA’s guidelines. These state laws help ensure that lawyers follow ethical standards and may set extra limits on how they advertise or reach out to potential clients.
For example, Georgia used to have a law called OCGA § 16-10-95, which addressed barratry (the practice of instigating lawsuits). This law was repealed in 2006, so barratry isn’t defined in Georgia law anymore. However, similar unethical practices could still be subject to other legal or ethical standards.
When attracting clients, lawyers should avoid taking advantage of vulnerable individuals or putting them under pressure. Advertisements need to be truthful and not misleading, and lawyers should always respect the privacy and needs of potential clients. Following these guidelines helps build trust in the legal profession and protects those looking for legal assistance.
Are You a Victim of Illegal Solicitation?
Many accident victims have already been scammed by illegal solicitation, and they don’t even know it. If you believe an unethical attorney may have targeted you, seek out a law firm of your choice and voice your concerns to a lawyer. They can determine if your situation qualifies as an illegal solicitation.
You may be a victim of illegal solicitation from an unethical lawyer if any of the following has happened to you:
- Did you get a phone call from someone saying they were asked to contact you by a family member? Did they seem to know the names of your relatives already? Did your family later inform you that they never requested anyone to call you?
- Did someone approach you at your loved one’s funeral? Did they claim to be an attorney or represent an attorney? Did they pressure you to sign a contract while you were still grieving?
- Did someone come up to you while you were in the hospital? Did they introduce themselves as an “investigator” or service representative and inquire about your injuries?
- Did a police officer at the accident scene convince you to contact a lawyer? Did they pressure you into hiring a particular attorney?
- Did a tow truck driver or auto mechanic encourage you to contact a lawyer? Did they suggest a particular law firm for you to consider?
- Did your attorney or a representative give you gifts to persuade you to sign?
Reputable lawyers do not provide gifts, signing bonuses, or “incentives” to attract clients. They don’t employ telemarketers to contact accident victims without prior invitation. Additionally, they do not reach out to you during vulnerable moments in the days following an accident.
Penalties Lawyers Face for Prohibited Solicitation
If a lawyer is found guilty of prohibited solicitation, the consequences can range from fines to more severe disciplinary actions like suspension. Additionally, engaging in illegal solicitation can lead to civil lawsuits, reputational damage, and loss of clientele.
Illegal solicitation is punished both by the State Bar of Georgia, which can take away an attorney’s license, and by Georgia state law. Lawyers who break the rules can be disbarred, losing the right to practice law. This is the highest sanction the Bar Association can wield, and it is considered a fair punishment for illegal solicitation.
You Can Get Your Money Back
Illegal solicitation is treated so seriously because it represents a conflict of interest. Your lawyer is supposed to be looking out for your interests at all times. Our entire court system depends on lawyers acting this way. When they don’t, it means they may not have served you well, and you are entitled to a full refund of any fees you paid.
You can fire your lawyer and seek your money back at any time:
- If you have already won a settlement, you can keep it and get the full amount of your lawyer fees returned to you.
- If your case is still in progress, you can ask a legitimate law firm to take it over. Your old lawyer must turn over all documents. The new law firm can help you get the settlement you deserve and make sure you owe your previous lawyer nothing.
In some cases, you could also recover money for damages such as emotional pain and suffering from the previous lawyer.
Talk to a Trustworthy Personal Injury Lawyer in Georgia for Free
If you may have been the victim of illegal solicitation, you deserve to get to know what a real lawyer is like. Georgia personal injury lawyers John Foy & Associates are here to welcome you as an equal and help you pursue your case as an informed, respected client.
We can help you get your money back and pursue the full financial recovery that you deserve. Call us for a free consultation today.
