An attorney had been practicing in personal injury law for eight years and had handled many difficult and complex trials. One week ago, the attorney was on his way to work when he witnessed a truck hit a pedestrian. The attorney stopped to see if he could render assistance and recognized the pedestrian as his stockbroker. A few days later, the attorney called the broker in the hospital, and during the conversation, the attorney offered to represent the broker in a personal injury claim. Did the attorney’s call to the broker violate any Model Rule?
Explanation
Answer: D - No, because an exception applies in this case. The general rule is that “[a] lawyer cannot use direct contact [including in-person and telephone contact] to solicit professional employment from those who have no prior relationship with the lawyer.” Model Rule 7.3. However, exceptions exist if the person contacted is another lawyer, a family member, a close personal friend, or a person with whom the lawyer has a prior professional relationship. Answer D is the best choice because the attorney had a prior professional relationship with the stockbroker. Answer B is not the best choice because Model Rule 7.2 on advertising does not apply to in-person solicitation. Answer C is not the best choice because the attorney practiced in personal injury law and the broker’s claim was a personal injury claim.
