Can a lawyer solicit an accident victim by letter, telephone, or in person to be hired for the case?

Plain-English summary

The committee considered whether a lawyer could approach an accident victim to seek employment. It concluded that it was not improper for an attorney to seek the representation in writing, and not improper to solicit the employment by telephone or by in-person communication, so long as the attorney complied with DR 2-101(A) and (B) and DR 2-103(A)(1) and (2) of the former Code.

The committee note flags that the conclusion no longer holds: under current Rule 7.3(f), any in-person or telephone solicitation in these circumstances would be prohibited.

Currency note

This opinion was issued in 1984, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The committee note records that current Rule 7.3(f) would prohibit any in-person or telephone solicitation in these circumstances, so the opinion's permissive conclusion has been superseded on that point. 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here.

Common questions

Q: Could a Virginia lawyer once solicit an accident victim in person?

A: Under this 1984 opinion, yes; the committee concluded that in-person and telephone solicitation of an accident victim was not improper if the lawyer complied with the former Code's advertising and solicitation provisions.

Q: Is in-person solicitation of an accident victim allowed now?

A: No. The committee note states that current Rule 7.3(f) would prohibit any in-person or telephone solicitation in these circumstances.

Q: What did the 1984 conclusion depend on?

A: It depended on compliance with DR 2-101(A) and (B) and DR 2-103(A)(1) and (2), the former Code's advertising and solicitation provisions.

Background and rules framework

The opinion interpreted the former Code's advertising rule, DR 2-101, and its solicitation rule, DR 2-103, as applied to direct contact with an accident victim. The committee note maps the question onto current Virginia Rule 7.3(f) on direct solicitation, corresponding to ABA Model Rule 7.3, which restricts in-person and live telephone solicitation for the lawyer's pecuniary gain.

Citations and references

Rules of Professional Conduct:

• DR 2-101(A), (B) (advertising) (former Code)
• DR 2-103(A)(1), (2) (solicitation) (former Code)
• Virginia Rule 7.3(f) / ABA Model Rule 7.3 (direct solicitation of clients)

See also

• VA LEO 1750: Lawyer Advertising and Solicitation Compendium
• TX Ethics Op. 196: Solicitation and Stirring Up Litigation
• TX Ethics Op. 19: Soliciting Employment From Strangers

Source

• Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
• Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0625.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

LEGAL ETHICS OPINION 625

ADVERTISING/SOLICITATION OF LEGAL EMPLOYMENT.

It is not improper for an attorney to seek representation of an accident victim in writing and it is not improper for an attorney to solicit such employment by telephone or by in-person communication provided that the attorney has complied with the provisions of DR:2-101(A), (B) and DR:2-103(A)(1), (2).

Committee Opinion
November 14, 1984

Legal Ethics Committee Notes. – Rule 7.3(f) would prohibit any in-person or telephone solicitation in these circumstances.