The Questionable Ethics of Attorneys Who Personally Solicit

There are certain ethics and rules that attorneys are meant to follow. Specifically, attorneys must get clients in an ethical manner. Everyone has the right to choose the best attorney for them, but when someone is personally solicited, they may feel that they should hire that lawyer.

Personal solicitation refers to communication initiated by or on behalf of an attorney or firm that is directed toward someone the attorney believes needs legal services and then offering those services. The American Bar Association states that attorneys should not solicit potential clients through person-to-person contact when the lawyer’s main motive is monetary gain, unless the contact is with another lawyer, someone that already has a relationship with the attorney or firm, or someone who routinely uses these legal services for business purposes.

It is especially improper for an attorney to solicit someone who is involved in a truck accident or other personal injury case. These people are in a particularly vulnerable state and are typically unsure of next steps to take, such as researching the best attorney for their case, as well as dealing with medical bills and lost wages.

What Does Personal Solicitation Look Like?

Personal solicitation can come in many forms. Most commonly, it is an attorney or someone that works for an attorney approaching you and offering you legal services. These people are usually strangers who are aiming to coerce you into hiring them.

When someone approaches you in person, it is easier to be intimidated or coerced into hiring them, especially if you are injured and vulnerable after an accident. Sometimes, this can be in the form of the actual attorney approaching you and offering their information and services.

You may also be solicited by “runners”, or people who seek out potential clients on behalf of an attorney. One example is someone approaching you with the police report from your accident and claiming they are in the business of collecting police reports and bringing them to those that may need them. They may also offer an attorney’s contact information with the police report in an attempt to convince you to hire that attorney. Some attorneys will ask medical professionals to refer patients to them if a patient may need legal representation.

If you are personally solicited, there is nothing saying you must hire that attorney. It is important to research lawyers after an accident and make sure they are qualified to handle your case. Just because a lawyer approaches you and says they have handled truck accident cases does not mean they are the most qualified to represent you.

Personal injury and truck accident attorney David W. Craig has seen numerous instances where an attorney has personally solicited accident victims. The bigger the case, the more likely he is to see this unfortunate behavior occur. He saw one family—three were killed in an accident with a semi and a fourth was severely injured—approached by an attorney they didn’t know, and who offered to wave the fee on the first million dollars recovered. This lawyer was unqualified to handle such a large and complicated case. In all likelihood, he would have settled for two or three million when the case was worth significantly more.

The problem with attorneys who unethically solicit business is that they may also violate other rules of ethics. If they lack a good moral compass and are only financially motivated, how do you know they won’t sell you out, or even worse, steal your settlement proceeds? Just like any other profession, there are good and bad attorneys. In fact, violating these rules of ethics and taking advantage of personal injury clients has resulted in attorneys going to jail.

Don’t make a huge mistake and hire an unethical attorney.

What Should You Do If You Are Personally Solicited?

It is highly unethical for attorneys to personally solicit clients. In fact, each state has its own rules surrounding personal solicitation. If you believe you have been solicited, it is important to report that attorney or firm to your state’s Supreme Court.

Each state has a Supreme Court disciplinary commission that monitors the ethical rules and guidelines of the state. Reporting those that violate the rules of ethics can help protect others from personal solicitation in the future, giving them the opportunity to take their legal representation into their own hands.

Ask David: Episode 70 of After the Crash with Carissa Swalls

David W. Craig is the managing partner and a founding member of Craig, Kelley & Faultless, a personal injury and wrongful death law firm. He has authored two books, Semitruck Wreck: A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, to help victims navigate the legal process.

Carissa Swalls is a Litigation Paralegal at Craig, Kelley & Faultless. She has worked as a paralegal for more than 15 years and is an Academy of Truck Accident Attorneys Board-Certified Paralegal in Truck Accident Law.

She and David discussed the ethics of personal solicitation on a recent episode of After the Crash, David’s free podcast. Ranked fourth-best personal injury podcast by FeedSpot, After the Crash educates and empowers listeners.

Carissa asked David questions about personal solicitation, lead generation, and researching attorneys during episode 70.

Want to Know More? Check Out These Resources

Everything in this article — and even more — is discussed at length by attorney David W. Craig in Semitruck Wreck: A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, available on Amazon.

Check out David’s “Red Flag” series to learn more ways to spot the wrong law firms or lawyers.

Learn more by following Craig, Kelley & Faultless on Facebook, LinkedIn and YouTube.

The attorneys at Craig, Kelley & Faultless are nationally recognized and have helped clients across the country recover from life-altering wrecks. They are prepared to fight insurance companies and motor carriers on your behalf.

Both attorneys David W. Craig and Scott A. Faultless specialize in truck accident cases and are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team—including investigators, reconstructionists and mechanics—that is sent to the scene of a wreck to collect evidence as soon as the firm is hired.

For a free case consultation, contact the team at Craig, Kelley & Faultless today by calling (888) 253-5198 or submitting an online form.

David W. Craig is a nationally recognized truck accident lawyer who sits on the Board of Regents of the Academy of Truck Accident Attorneys. He is board certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. He was the recipient of the National Thurgood Marshall “Fighting for Justice” Award for his work helping victims of truck wrecks. David is the author of Semitruck Wreck: A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.