Download the Board book as a PDF here. (6MB) - State Bar of Georgia
Download the Board book as a PDF here. (6MB) - State Bar of Georgia
Download the Board book as a PDF here. (6MB) - State Bar of Georgia
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such organization on behalf <strong>of</strong> <strong>the</strong> lawyer are o<strong>the</strong>rwise in accordancewith <strong>the</strong>se Rules;(5) A lawyer may pay for a law practice in accordance with Rule 1.17:Sale <strong>of</strong> Law Practice.(d) A lawyer shall not solicit pr<strong>of</strong>essional employment <strong>as</strong> a private practitioner for<strong>the</strong> lawyer, a partner or <strong>as</strong>sociate through direct personal contact or through livetelephone contact, with a non-lawyer who h<strong>as</strong> not sought advice regardingemployment <strong>of</strong> a lawyer.(e) A lawyer shall not accept employment when <strong>the</strong> lawyer knows or it is obviousthat <strong>the</strong> person who seeks to employ <strong>the</strong> lawyer does so <strong>as</strong> a result <strong>of</strong> conduct byany person or organization prohibited under Rules 7.3(c)(1), 7.3(c)(2) or 7.3(d):Direct Contact with Prospective Clients.The maximum penalty for a violation <strong>of</strong> this Rule is disbarment.CommentDirect Personal Contact[1] T<strong>here</strong> is a potential for abuse in<strong>here</strong>nt in solicitation through direct personalcontact by a lawyer <strong>of</strong> prospective clients known to need legal services. It subjects<strong>the</strong> lay person to <strong>the</strong> private importuning <strong>of</strong> a trained advocate, in a directinterpersonal encounter. A prospective client <strong>of</strong>ten feels overwhelmed by <strong>the</strong>situation giving rise to <strong>the</strong> need for legal services, and may have an impairedcapacity for re<strong>as</strong>on, judgment and protective self-interest. Fur<strong>the</strong>rmore, <strong>the</strong> lawyerseeking <strong>the</strong> retainer is faced with a conflict stemming from <strong>the</strong> lawyer's owninterest, which may color <strong>the</strong> advice and representation <strong>of</strong>fered <strong>the</strong> vulnerableprospect.[2] The situation is <strong>the</strong>refore fraught with <strong>the</strong> possibility <strong>of</strong> undue influence,intimidation, and overreaching. The potential for abuse in<strong>here</strong>nt in solicitation <strong>of</strong>prospective clients through personal contact justifies its prohibition, particularlysince <strong>the</strong> direct written contact permitted under paragraph (b) <strong>of</strong> this Rule <strong>of</strong>fersan alternative means <strong>of</strong> communicating necessary information to those who maybe in need <strong>of</strong> legal services. Also included in <strong>the</strong> prohibited types <strong>of</strong> personalcontact are direct personal contact through an intermediary and live contact bytelephone.Direct Mail Written Solicitation[3] Subject to <strong>the</strong> requirements <strong>of</strong> Rule 7.1: Communications Concerning aLawyer's Services and paragraphs (b) and (c) <strong>of</strong> this Rule 7.3: Direct Contact withProspective Clients, promotional communication by a lawyer through direct83
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