Barb Lickness wrote, "I've heard the term ambulance chaser before
but I never understood exactly what they meant by it. I think I have just
discovered it. I just got home from work to find 3 letters from attorneys in
my mail addressed to my son. My son unfortunately got hit by a van on Labor
Day Eve. He is o.k. Had him checked out by all the medical and dental folks.
At any rate, I am puzzled about how the lawyers found out an accident even
occured? Where do they get this info.? Who else gets this info? This feels
kind of invasive to me."
Carly Swirtz wrote, "I remember many years ago, our next door
neighbors had a fire in their home. They were gone and I called the fire
department. Within 10 minutes from the time the call was made, 2 insurance
agents and a lawyer showed up with their cards. These guys did not know my
neighbors and did not represent them. Pretty tacky, but must be business as
usual."
[BRM] The behavior that Barb describes is indeed invasive, but is
not illegal or unethical. The behavior that Carly describes is unethical,
and has been prohibited in this state at least since 1985 when Minnesota
adopted the Minnesota Rules of Professional Conduct. (I understand that the
Rules' pre-1985 precursor, the Minnesota Code of Professional
Responsibility, contained a similar prohibition, but I don't have a copy
handy.)
Rule 7.3 says that "a lawyer may not solicit professional employment
from a prospective client with whom the lawyer has no family or prior
professional relationship, by in-person or telephone contact, when a
significant motive for the lawyer's doing so is the lawyer's pecuniary
gain." That rule prohibits the behavior that Carly describes.
Rule 7.1(f) says that "the word 'ADVERTISEMENT' must appear clearly
and conspicuously at the beginning of any written solicitation to a
prospective client with whom the lawyer has no family or prior professional
relationship and who may be in need of specific legal services because of a
condition or occurrence that is known to the soliciting lawyer." If the
letters that Barb's son received complied with that rule, and with certain
other rules relating to advertising through written communication, then they
pass muster under the applicable rules (which doesn't mean that they aren't
invasive, just that that particular kind of invasive behavior isn't
prohibited).
The courts, the bar association, and most (almost all) lawyers take
lawyers' professional responsibility very seriously. The Lawyers
Professional Responsibility Board enforces the rules of professional
conduct, and there are well-established procedures for complaining about
unethical behavior by a lawyer. For more information, please see the Board's
website at http://www.courts.state.mn.us/lprb/.
BRM
Brian Melendez
Lowry Hill (Ward 7)
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