Multistate Professional Responsibility Exam Practice Question
Rina is an attorney who calls individuals recovering in a medical facility to propose legal representation. She obtains their phone numbers from a staff member who shares names of those admitted. Rina has no personal or professional ties to these individuals, and most are unaware of her background. Which statement best describes how the professional rules address Rina's calls?
The calls are unlawful solicitation.
The calls are acceptable because the names come from a staff member with routine access to public information.
The calls conflict with guidelines when the goal is a financial arrangement and there is a lack of a prior relationship.
The calls are acceptable because the individuals have not stated they have representation.
Direct phone contact for the purpose of seeking a fee from persons who lack a prior bond with the attorney is generally disallowed. A lack of counsel for prospective clients is not enough to justify direct phone calls. Obtaining names from a public or private source does not authorize using phone calls to solicit representation. The ethical prohibition exists to reduce pressure on vulnerable individuals and preserve the integrity of attorney advertising, which is closely monitored to protect potential clients from undue influence. The calls may be unlawful solicitation - but the call of the question is seeking what profesional rules are implicated in this scenario, not legal ones.
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