Legal Question in Legal Ethics in California

Solicitation

I have had a site on Law Guru for a while. I would answer questions and then sometimes refer them to my office if I believed that I can help them further.

I received an email from another lawyer on Law Guru who cc'd Law Guru and he said that he is reporting me to the State Bar under Model Rule, 813.

I thought the idea of Law Guru was to answer questions and as a way to increase my business.

Is my career over? Did I actually do something wrong that should warrant discipline from the State Bar? What can I expect. Please note that I always see other attorneys writing things like, ''If you need further help, please feel free to call my office at, 555....''

I had no idea I was in violation. It's not worth losing my license or facing discipline over unlawful solicitation. In fact, it is never worth committing any violation. I worked way too hard to get where I am today.

Please advise.


Asked on 2/14/06, 12:45 am

3 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Solicitation

In my never to be humble opinion, the person who wrote to you is a moron. There is no Model Rule 813.

California has adopted Rule of Professional Conduct 1-400 regarding advertising. Although 1-400 doesn't really address internet forums, the people who post questions here are seeking advice and soliciting the help of attorneys. It's no different than giving your business card to someone who asks your advice at a cocktail party. I wouldn't worry about it.

And if you are really that concerned, call the State Bar ethics hotline and ask them.

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Answered on 2/14/06, 2:06 am
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Solicitation

I agree with the others. First, look at Opinion Cal Bar Fml. Op. No. 2001-155 which says emails are not a solicitation. Second, you are not contacting people who are incapable about making a reasonable decision. Third, these people have sought out attorneys to help them. 99% of the answers tell the person to call for a consultation since everyone knows that the two or three paragaphs here do not explain the entire situation. For more information, read Ellen Peck's article found here: http://www.calbar.ca.gov/state/calbar/calbar_cbj.jsp?sCategoryPath=/Home/Attorney%20Resources/California%20Bar%20Journal/January2006&MONTH=January&YEAR=2006&sCatHtmlTitle=MCLE%20Self-Study&sJournalCategory=YES

and my blog about it here: http://www.thepracticeblog.com/2006/01/ethics_and_the__1.html

Then tell the person who emailed you to leave you alone.

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Answered on 2/14/06, 10:05 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Solicitation

Why don't you send me a private email on this issue. I would be very interested to find out what is going on. If you go the State Bar website, there is no rule 813. There are rules against unlawful solicitation.

Bottom line is that you cannot mislead among other things.

You may email me through this system.

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Answered on 2/14/06, 1:17 am


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