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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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written contact is generally permissible. The public's need to receive informationconcerning <strong>the</strong>ir legal rights and <strong>the</strong> availability <strong>of</strong> legal services h<strong>as</strong> beenconsistently recognized <strong>as</strong> a b<strong>as</strong>is for permitting direct written communicationsince this type <strong>of</strong> communication may <strong>of</strong>ten be <strong>the</strong> best and most effective means<strong>of</strong> informing. So long <strong>as</strong> this stream <strong>of</strong> information flows cleanly, it will bepermitted to flow freely.[4] Certain narrowly-drawn restrictions on this type <strong>of</strong> communication arejustified by a substantial state interests such <strong>as</strong> an interest in facilitating <strong>the</strong>public's intelligent selection <strong>of</strong> counsel or preventing domestic violence, including<strong>the</strong> restrictions <strong>of</strong> sub-paragraphs (a)(3), & (4) & (5), which proscribe directmailings limit sending written communications to persons such <strong>as</strong> an injured andhospitalized accident victim or <strong>the</strong> bereaved family <strong>of</strong> a dece<strong>as</strong>ed.[5] In order to make it clear that <strong>the</strong> communication is commercial in nature,paragraph (b) requires inclusion <strong>of</strong> an appropriate affirmative "advertisement"disclaimer. Again, <strong>the</strong> traditional exception for contact with close friends,relatives and former clients is recognized and permits elimination <strong>of</strong> <strong>the</strong>disclaimer in direct written contact with <strong>the</strong>se persons.[6] This Rule does not prohibit communications authorized by law, such <strong>as</strong> noticeto members <strong>of</strong> a cl<strong>as</strong>s in cl<strong>as</strong>s action litigation.Paying O<strong>the</strong>rs to Recommend a Lawyer[7] A lawyer is allowed to pay for communications permitted by <strong>the</strong>se Rules, buto<strong>the</strong>rwise is not permitted to pay ano<strong>the</strong>r person for channeling pr<strong>of</strong>essionalwork. This restriction does not prevent an organization or person o<strong>the</strong>r than <strong>the</strong>lawyer from advertising or recommending <strong>the</strong> lawyer's services. Thus, a legal aidagency, a prepaid legal services plan or prepaid legal insurance organization maypay to advertise legal services provided under its auspices. Likewise, a lawyermay participate in lawyer referral programs and pay <strong>the</strong> usual fees charged bysuch programs, provided <strong>the</strong> programs are in compliance with <strong>the</strong> registrationrequirements <strong>of</strong> sub-paragraph (c)(1) or (c)(2) <strong>of</strong> this Rule 7.3: Direct Contactwith Prospective Clients and <strong>the</strong> communications and practices <strong>of</strong> <strong>the</strong>organization are not deceptive or misleading.[8] A lawyer may pay <strong>the</strong> usual charges <strong>of</strong> a legal service plan or a lawyer referralservice, provided <strong>the</strong> referral service is in compliance with <strong>the</strong> registrationrequirements <strong>of</strong> subparagraph (c)(1) or (c)(2) <strong>of</strong> this Rule 7.3. A legal serviceplan is a prepaid or group legal service plan or similar delivery system, set up incompliance with subparagraph (c)(3) <strong>of</strong> this Rule 7.3, that <strong>as</strong>sists prospectiveclients to secure legal representation. A lawyer referral service, on <strong>the</strong> o<strong>the</strong>r hand,is any organization that holds itself out to <strong>the</strong> public <strong>as</strong> a lawyer referral service.Such referral services are understood by laypersons to be consumer-orientedorganizations that provide unbi<strong>as</strong>ed referrals to lawyers with appropriate84

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