The Supreme Court of Ohio this week published for public comment a proposed amendment to the Ohio Professional Code of Responsibility regarding solicitation by lawyers of potential clients.
The proposed amendment, which is similar to rules adopted by 17 other states, imposes a 30-day ban on attorney solicitation of prospective clients in wrongful death, personal injury and other actions related to an accident or disaster.
“The immediate and excessive amount of solicitations a person receives while dealing with the aftermath of an accident or loss of a family member can often seem overwhelming and intrusive,” said Chief Justice Thomas J. Moyer. “The ban allows for a ‘cooling off' period, which gives injured or grieving persons the ability to make legal decisions when they are ready rather than in the midst of emotional stress.”
The proposed ban applies only to direct mail solicitations sent by lawyers to specific potential clients. The rule would not prohibit lawyers from using television, radio, newspaper or other forms of permissible advertising that do not directly target specific individuals. The proposed rule would not bar a lawyer from offering professional services to a client within the 30-day period where the client initiates the contact with the lawyer.
Comments will be accepted through Feb. 15, 2006. The proposed amendment can be accessed on the Supreme Court of Ohio Web site, www.supremecourtofohio.gov, under the Task Force on Rules of Professional Conduct page.
Contact: Katie Riedel or Rick Dove at 614.387.9250.
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