what are the rules in illinois for a lawyer to send solicitation notices

by Brittany Feil 10 min read

According to the Illinois Rules of Professional Conduct, Rule 7.2, an attorney must include the name and address of at least one lawyer or law firm that is responsible for the content on any communication that is an advertisement, including websites. Back to top False or Misleading Information on Illinois Lawyer Websites

Full Answer

When does a lawyer solicitation of a client violate the law?

(1) the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; or (2) the solicitation involves coercion, duress or harassment. (d) This Rule does not prohibit communications authorized by law or ordered by a court or other tribunal.

What is a solicitation?

(a) “Solicitation” or “solicit” denotes a communication initiated by or on behalf of a lawyer or law firm that is directed to a specific person the lawyer knows or reasonably should know needs legal services in a particular matter and that offers to provide, or reasonably can be understood as offering to provide, legal services for that matter.

What are the criteria for solicitation of a lawyer?

(1) the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; or (2) the solicitation involves coercion, duress or harassment.

When is it illegal for a lawyer to solicit employment?

(c) A lawyer shall not solicit professional employment even when not otherwise prohibited by paragraph (b), if: (1) the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; or (2) the solicitation involves coercion, duress or harassment.

Can lawyers solicit clients?

In broad strokes, attorneys are free to solicit potential clients in writing, provided that the solicitations comply with certain requirements, but attorneys are not permitted to solicit by telephone or in person.

Can lawyers advertise in Illinois?

Attorneys aren't allowed to offer anything of value to those who recommend their legal services, with a few exceptions [Rule 7.2] When advertisements or communications are published, it needs to include the name and office address of at least one lawyer at the firm [Rule 7.2]

What are the exceptions to the direct solicitation rule?

There are essentially only three exceptions to such contact: (1) direct contact with clients with whom the lawyer has had a prior professional relationship; (2) direct contact with individuals with whom the lawyer has an established personal relationship; or (3) solicitation of clients for “political” purposes rather ...

Can lawyers poach clients?

Stealing clients from the firm can be a breach of fiduciary duty. Take, for example, the case of the Dowd and Dowd firm. When two partners decided to leave, they used confidential information to secure funding for a new firm, secretly contacted clients, and poached employees.

What are the allowable or permissible forms of advertising by a lawyer?

A lawyer's best advertisement is a well-merited reputation for professional capacity and fidelity to trust based on his character and conduct. For this reason, lawyers are only allowed to announce their services by publication in reputable law lists or use of simple professional cards.

Is it ethical for an attorney to advertise?

According to the ABA Rule 7.3 regarding Solicitation of Clients, a lawyer or law firm cannot direct any advertising communication to a specific person who needs legal services for a certain matter, and offer to provide legal services for that particular matter.

What is considered solicitation?

Solicitation is the inchoate offense of offering money to someone with the specific intent of inducing that person to commit a crime.

Can I solicit former clients?

It is common for employers to restrict their employees' ability to work for a competitor or solicit their clients once the employment relationship breaks down.

What does it mean to solicit a client?

(a) “Solicitation” or “solicit” denotes a communication initiated by or on behalf of a lawyer or law firm that is directed to a specific person the lawyer knows or reasonably should know needs legal services in a particular matter and that offers to provide, or reasonably can be understood as offering to provide, legal ...

Is Stealing clients illegal?

First of all, no business "owns" its clients or customers. People are free to use whichever service providers they like, and agreements that prevent them from doing so are often viewed as illegal "restraints of trade" and are generally struck down by the courts.

How can we stop poaching clients?

A non-solicitation agreement is an in-depth way to cover poaching. With a non-solicitation agreement, you specifically ask contractors to sign an agreement stating they won't solicit your company's clients or employees up to a designated time period following their work with your business.

Which title is most like not acceptable for a paralegal?

Which title is most likley to be NOT acceptable for a paralegal? Associate.

What is the law basics video series?

About the law basics video series. These short videos provide basic information on the court process for people who are not used to going to court. These videos are meant to educate the public and offer assistance to people going to court without a lawyer.

Do you have to file court papers electronically in Illinois?

All court papers in Illinois are now required to be electronically filed with limited exceptions. Also note that lawyers are required to provide an email for receiving notice. If the other party in your case has a lawyer, you can notify them via email instead of by delivering or mailing as mentioned in the video.

What is fraud under the ILRPC?

Fraud” under the ILRCs refers to conduct having “a purpose to deceive” and not merely negligent misrepresentation or failure to apprise another of relevant information. [5] .

Do lawyers have a duty to investigate further?

However, a lawyer does not have a duty to investigate further if the lawyer does not possess the requisite knowledge to trigger the mandatory reporting duty. 2.

Can I report another lawyer to the ARDC?

While lawyers are free to report another lawyer to the ARDC even if they have no duty to do so, and lawyers who report to the ARDC are entitled to broad, though not unlimited, civil immunity under IL S.Ct.Rule 775, reporting another lawyer is serious business.

Do lawyers have to report their own misconduct?

Lawyers have no duty to report their own misconduct. Ironic as it seems, the only misconduct that a lawyer must report is that of “another lawyer.”. The only self-reporting obligations are the duty to self-report a criminal conviction under IL Supreme Court Rule 761 and the duty to self-report attorney discipline imposed in another jurisdiction as ...

Do you have to report a disbarred lawyer?

There is no duty to report a disbarred lawyer, because disbarred lawyers, having been removed from the roll of attorneys, are not lawyers anymore. Also, ILRPC 8.3 (a) does not limit a lawyer’s reporting duty to only misconduct that occurs purely while engaged in the practice of law, e.g., a lawyer employed by a company or law firm in ...