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Rule
7.3 Direct Contact With Prospective Clients
(a) A lawyer shall not
by in-person, live
telephone or real-time electronic
contact solicit professional employment from a prospective client when a
significant motive for the lawyer's doing so is the lawyer's pecuniary
gain, unless the person contacted:
(1) is a
lawyer; or
(2) has a
family, close personal, or prior professional relationship with the
lawyer.
(b) A lawyer shall not
solicit professional employment from a prospective client by
written, recorded or electronic
communication or by in-person, telephone or real-time electronic contact
even when not otherwise prohibited by paragraph (a), if:
(1) the
prospective client has made known to the lawyer a desire not to be
solicited by the lawyer; or
(2) the
solicitation involves coercion, duress or harassment.
(c) Every written,
recorded or electronic communication from a lawyer soliciting
professional employment from a prospective client known to be in need of
legal services in a particular matter shall include the words
"Advertising Material" on the outside envelope, if any, and at the
beginning and ending of any recorded or electronic communication, unless
the recipient of the communication is a person specified in paragraphs
(a)(1) or (a)(2).
(d)
Notwithstanding the prohibitions in paragraph (a), a lawyer may
participate with a prepaid or group legal service plan operated by an
organization not owned or directed by the lawyer
that uses in-person or telephone contact to solicit memberships or
subscriptions for the plan from persons who are not known to need legal
services in a particular matter covered by the plan.
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