My friend received a phone call from a law firm a few days after being in a wreck in Memphis, Tennessee. Is this proper?
Most states, including Tennessee, prohibit lawyers from directly contacting people who have been injured in a wreck when the contact is motivated by financial gain. There are exceptions, however, such as when the person contacted:
Is a lawyer;
Has a family, close personal, or prior professional relationship with the lawyer; or
Has initiated a contact with the lawyer
Employees and agents of attorneys are also prohibited from making such contact with the prospective client. Despite the clear prohibition, there are many law firms that push the boundaries of this rule and even blatantly violate the rule
Other forms of solicitation are limited as well:
There is a 30 day waiting period for mailing information concerning a personal injury, workers’ compensation, or wrongful death case
Mailings must contain the words “Advertising Material.”
Mailed contracts must state “SAMPLE” and “DO NOT SIGN”
Written communications should not be in the form of pleadings or formal legal documents
Information can only be sent by regular mail, not certified, express delivery or by courier.
What you should do if you are improperly contacted by a lawyer or law firm
First and foremost, don’t talk to or hire the lawyer who improperly calls or solicits your case. Any attorney who solicits clients in an unethical manner is probably not the type of lawyer you want handling a serious and life changing case. Competent and skilled attorneys do not need to solicit clients through unethical means.
Second, report the lawyer to your state’s Board of Professional Responsibility. In Tennessee, complaints can be made by visiting www.tbpr.org or calling (615) 361-7500.