Can a lawyer hire someone to hand out brochures and sign up injury clients in person?

Plain-English summary

A lawyer hired an employee to personally contact injured people and hand them brochures promoting the lawyer's services for personal injury claims. The question was whether this practice violated the Rules of Professional Conduct.

The opinion concluded that in-person solicitation of prospective clients, whether by the lawyer or by another on the lawyer's behalf, is improper in almost all instances. It relied on Ohralik v. Ohio State Bar Association, in which the U.S. Supreme Court recognized the dangers of in-person solicitation and held it may be restricted, and noted that Ohralik remained viable after Peel v. Attorney Registration and Disciplinary Commission. The opinion treated solicitation through the lawyer's representative as no different from personal solicitation, citing its own earlier Opinion No. 832, which found in-person solicitation improper whether conducted personally or through a Welcome Wagon representative.

The opinion located the prohibition in Rule 7.3, under which a lawyer "shall not, directly or through a representative, solicit professional employment when a significant motive for doing so is the lawyer's pecuniary gain," with the rule's definition of "solicit" including in-person contact. It found the Rule 7.3(a) exceptions (relatives, close friends, persons with a prior professional relationship, or certain organizations) inapplicable, and noted that Rule 7.2(b) separately bars giving anything of value for recommending the lawyer's services, again with exceptions not present here.

Currency note

This opinion was issued in 1997, before Illinois adopted the 2010 Illinois Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in January 2010 as generally consistent with the 2010 Rules (referring to Rules 7.2 and 7.3), while noting the specific standards referenced may differ from the 2010 Rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a lawyer use an employee to sign up injury clients in person?

A: No. The opinion concluded that in-person solicitation of prospective clients is improper whether the lawyer does it personally or through an employee or other representative.

Q: Does using a representative instead of the lawyer change the analysis?

A: No. The opinion concluded that solicitation through a representative is of no import, relying on its earlier Opinion No. 832 and on Rule 7.3's bar on soliciting "directly or through a representative."

Q: What is the source of the prohibition?

A: The opinion grounded the prohibition in Rule 7.3, whose definition of "solicit" includes in-person contact, and noted that the rule's exceptions for relatives, friends, prior clients, or certain organizations did not apply here.

Background and rules framework

The opinion interpreted Rule 7.3 (direct contact and solicitation of prospective clients; Model Rule 7.3), including its definition of "solicit" and its exceptions, and Rule 7.2(b) (giving value for recommending the lawyer's services; Model Rule 7.2). It applied First Amendment commercial-speech precedent on in-person solicitation, principally Ohralik.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.3 (solicitation of clients) / Illinois Rule 7.3
• Model Rule 7.2 (advertising; payment for recommendations) / Illinois Rule 7.2(b)

Cases:

• Ohralik v. Ohio State Bar Association, 436 U.S. 447 (1978), in-person solicitation may be restricted
• Peel v. Attorney Registration and Disciplinary Commission, 496 U.S. 91 (1990), citing Ohralik approvingly
• In re Teichner, 75 Ill.2d 88, 387 N.E.2d 265 (1979)
• In re Primus, 436 U.S. 412 (1978), compared

Other opinions cited:

• ISBA Advisory Opinion No. 832 (1984) (in-person solicitation through a Welcome Wagon representative)

See also

• ISBA Ethics Op. 14-04: Solicitation of Personal Injury Cases in Illinois
• ISBA Ethics Op. 12-04: Labeling Direct Solicitations as Advertising Material
• ISBA Ethics Op. 96-09: Discharged Lawyer Contacting a Represented Former Client

Source

• Landing page: https://www.isba.org/ethics/opinions/9702