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What Is Illegal Attorney Solicitation
Illegal lawyer solicitation refers to the actions of an attorney or someone acting on their behalf, directly targeting people who have recently been injured, arrested, or are dealing with a legal matter, in hopes of making them a client and turning a financial profit.
Unlawful solicitation does not apply to referral networks or advertisements on approved channels, but instead applies when an attorney or someone on their behalf attempts to pressure or harass someone into retaining their legal services.
In most states, including Nevada, attorney solicitation is strictly prohibited and can result in harsh penalties, including disbarment.
At the Rodney Okano Car Accident Lawyer, we take pride in obeying the laws and respecting the privacy and personal space of others, meaning our Las Vegas personal injury law firm vows to never engage in any illegal solicitation, in or out of the state of Nevada.
Can an Attorney Legally Solicit Clients
Yes, attorneys can technically solicit clients legally; however, it has to be done in compliance with Nevada Rule of Professional Conduct 7.2, which allows attorneys to advertise as long as it's truthful, not misleading, not harassment or forceful, and not direct solicitation to individuals who have not requested legal services.
Common examples of legal attorney solicitation under Nevada rules include:
- Advertising: Television, radio ads, social media, legal directories, websites, and billboards
- Written Communication: Mass mail campaigns, newsletters, and emails, as long as they comply with Rule 7.2 and clearly identify themselves as attorney advertising.
- Referrals: Being involved in a lawyer referral service or accepting referrals from past clients is entirely legal as long as the attorney does not pay referral fees to non-attorneys.
Limitations to Ethical Attorney Solicitation
While certain forms of solicitation are legally for attorneys, there are still ethical standards that they must abide by under Nevada law, which are:
- Can not pay a referral fee to someone who's not an attorney
- Spread false or misleading statements in their advertisement
- Directly target accident victims or their family members immediately after an incident, such as a car crash
Punishments a Lawyer Can Face for Illegal Solicitation
An unethical lawyer who fails to follow fair solicitation rules can face severe punishments from the Nevada State Bar and the American Bar Association.
Such punishments can include, but are not limited to:
- Reprimands or warnings
- Fines
- Mandatory ethics rules course
- Suspension of license or disbarment
- Civil liability
- Criminal charges
Along with official punishments, an unethical attorney who takes part in illegal solicitation will undoubly experience irreparable damage to their reputation as an attorney from potential clients, judges, and their fellow attorneys.
Even if one is not disbared, their legal profession will still most likely come to an end due to the sheer shame and distrust.
Common Types of Illegal Lawyer Solicitation
Understanding the common types of restricted lawyer solicitation is key to identifying if unethical lawyers are targeting you or a family member.
In-Person or Telephone Solicitation
To farm potential clients, personal injury lawyers or people hired by them may directly target an injured person or their family at a local hospital, accident scene, or even a funeral procession.
After making contact with an injury victim, the personal injury lawyer or their paid runner will often attempt to pressure or force the person into signing a retainer agreement.
Ambulance Chasing
Ambulance chasing refers to the act of following ambulances carrying injured people or monitoring police scanners for accidents, and, along with being illegal under attorney solicitation laws, it can also be extremely dangerous, potentially resulting in further accidents.
Cash Incentives
If a lawyer offers cash or gifts in exchange for hiring them or bringing them a case, they could be in violation of attorney solicitation laws, especially if you are not a licensed attorney.
How to Report Attorney Solicitation in Nevada
If you believe you're being targeted by a personal injury lawyer, by them either directly contacting you about your injury case, offering monetary kickbacks for hiring them, or a non-attorney runner harassing you, you have the right to take action against them through the State Bar of Nevada.
The steps to reporting an attorney for illegal solicitation are:
- Filing a Grievance: File a grievance at the Nevada State Bar's office either in person, online, or by mail.
- Provide Details: Outline how you believe a specific lawyer is targeting you, and be sure to provide their name and the methods they used to contact you. Evidence is key in this stage, so be sure to obtain as much as possible.
- Cooperate with the Bar: The State Bar will most likely contact you regarding further information and statements.
While filing a grievance with the bar is a good step in combating illegal attorney solicitation, if you are being overly harassed or scammed, immediately contact law enforcement and schedule a free consultation with the Las Vegas personal injury attorneys at the Rodney Okano Car Accident Lawyer, who respect ethics and vow to defend your rights and financial security.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
