Can Paralegals Solicit Potential Clients for Attorneys ? No, paralegals cannot solicit potential clients for attorneys.

Lawyers cannot directly contact individuals who are actively seeking legal services. This rule, established generations ago, remains part of the Rules of Professional Conduct.

Corporations rely on legal process outsourcing because they stay informed about solicitation prohibitions. They train their experts accordingly. 

Understanding Soliciting Potential Clients?

The ABA definition states, “Solicitation” is the conversation by or on behalf of a lawyer with a specific person (cannot be a stranger) that needs legal services in a specific matter and that offers to provide legal services for that matter. 

Let us explore the rules of soliciting potential clients. After that, we will discuss the role of a solicitor, think about hiring a virtual paralegal, and the consequences of improper solicitation. 

Rules of Soliciting Potential Clients

ABA Model Rule 7.3(b) talks about prohibition of solicitation via “live person-to-person contact” where the reason behind the confrontation is financial gain. The advertising rule was modified and the list of exceptions to rule 7.3(b) was listed.

The following people are the exception to the Rule 7.3(b):

• Another lawyer (Rule 7.3(b)(1))
• If the client is somehow related such as family, close personal, prior business, or professional relationship (Rule 7.3(b)(1))
• A business organization or a person who occasionally uses legal services the lawyer provides (Rule 7.3(b)(4))
• A not-for-profit or government party (Rule 7.3(b)(4)) 

 However, under Connecticut’s version of the Rule 7.3(c), there are exceptions:

• The person has stated that ‘they wish not to be solicited’;
• If the person is unwell, physically, emotional, or mentally, questions the person’s ability to make reasonable judgement in appointing a lawyer;
• If the solicitation hints any signs of duress, fraud, overreaching, coercion, harassment, intimidation or undue influence.

The Ethics of the Solicitation of Clients

Canon 2 of the Code of Ethics and Professional Responsibility of the Legal Assistants Division interprets that a legal assistant cannot perform an attorney’s duties. This means they are also prohibited from soliciting clients on behalf of attorneys.

When we enter the legal industry, it is quite normal for people to casually ask questions. We know we cannot give any legal advice. Instead, we are asked to suggest an attorney perfect for the job.

In such cases, be very cautious. It is best to refer to an attorney whom you don’t work with. This won’t create any issue unless the attorney sends you something valuable to show appreciation.

However, sharing the name of the lawyer you are working with can make things tricky.

At the end of the day, try not to encourage these referral requests, and as long as you aren’t being rewarded for these referrals, you are safe and well on the ethical side of soliciting clients.

The Role of A Solicitor

Well, in England and Wales, there are barristers and then there are solicitors. A solicitor is a legal expert who provides day-to-day legal advice on various issues. Meanwhile, a barrister has a specialization in advocacy.

The main difference between these two roles is that one works behind-the-scenes while the other performs in courtrooms.  

A solicitor works to prepare the case for a barrister. They can instruct a barrister to act on behalf of a client. Solicitors collaborate with clients and are often the first ones people look up to ask for legal advice.     

A Solicitor Versus A Lawyer

Well, when you hear “Solicitor” and “Lawyer”, you assume its two different designations.

Fun fact, the only difference between the two is that one is a British term while the other is an American term, respectively. In the UK, “Lawyer” is used as a generic term to represent anyone who is a legal practitioner. 

Basically, lawyer is not a legit word in the UK Law, according to the Solicitors Regulation Authority (SRA) – the regulating body of solicitors. 

Responsibilities of A Paralegal During a Solicitation

During solicitation, a paralegal has to sit down with potential clients to explain the legal options, to collect the data on their situation, and to understand if their needs align with the firm’s practice areas.

All of this while sticking with the ethical guidelines that forbids paralegals from providing any legal advice. This can be quite a time-consuming process involving a lot of hard work. Hence, outsource your legal services!

This strategic approach is a time-saving way to get this part of the case complete without less to none errors and quality standard output.

Your virtual legal assistant will help you from collecting information to Trial/Mediation preparation. This will create some free time for you to focus on the next priority on your worklist. 

Outsourcing Legal Services

People still hesitate to consult legal process outsourcing companies because they worry about the potential challenges that come with hiring a third party.  

Well, you can leave such concerns behind because working from home for paralegals has become a norm long ago. So, grab your chairs, sit tight, and check out our in-depth research on the benefits of outsourcing legal services.  

Once you have rummaged through the article, you can now hire a paralegal to do the tasks that are ethically authorized to do, while you as a lawyer focus on whatever is most important to you in this instance. 

Thoughts Regarding Marketing Attorney’s Services

Even with advertising, there are strict rules that you need to adhere to. Let’s read further into this rule.

The rule of advertising states that a lawyer shall not offer anything of value to a person for their referral of the lawyer’s work. The expectation for this rule is, the lawyer may:

• Pay a sensible fee for the advertisements or communications permitted by this rule;
• Pay their usual charges according to their payment plans or a not-for-profit or qualified lawyer referral service which has been approved by an appropriate regulatory authority;
• Pay for a law practice following the SCR 20:1.17; and

It is quite clear that a lawyer cannot involve a third person when soliciting a potential client. It is a big taboo for a lawyer to use someone else to work around the restrictions in the Rules of Professional Conduct. 

Let’s Explore Hypothetical Situations

FIRST SCENARIO

A police officer sends a lawyer the list of people who were recently arrested. The lawyer then calls the individuals offering to provide legal services – Violates The Rule of Prohibiting Solicitation 

SECOND SCENARIO

Let’s say you are the lawyer and you hired a marketing firm, paying them monthly, to generate leads for Mass Tort cases – Violates The Rule

Reason: The marketing firm obtained the leads by snooping around chat rooms. Then they would have called them to inform them about the lawyer and his experience in similar cases.

The rule clearly states “Live contact on behalf of the lawyer” is Prohibited! 

THIRD SCENARIO

If a lawyer was even a little bit aware that a firm paralegal was going around distributing the firm’s card to injured people in ambulances where they are working as a part-time paramedic – This is Violation of Rules 7.3, 5.3, and 8.4(a)

FOURTH SCENARIO

As a lawyer, if you ask a personal friend or former colleague who is a banker to provide your name and contact information to any customer or employee that may need your help – Not Violating the Rule 7.3

Reason: The lawyer did not target or make any first-hand communication with an individual who is in need of legal support. Moreover, the lawyer has no power over the banker’s actions and the bank’s communications don’t imply that he is offering to provide legal service.