SCR 3.130 KENTUCKY RULES OF PROFESSIONAL CONDUCT

INFORMATION ABOUT LEGAL SERVICES

Current with amendments received through 6/30/99

SCR 3.130(7.30) DIRECT CONTACT WITH PROSPECTIVE CLIENTS

(1) A lawyer shall not in-person or by live telephone contact or solicit professional employment from a prospective client with whom the lawyer has no family or direct prior professional relationship. This Rule shall not be interpreted to prevent discussions of employment arising out of personal appearances at lectures and seminars by an attorney which result in inquiries from prospective clients or inquiries initiated by persons who may become prospective clients at the time of any other incidental contact not designed or intended by the attorney to solicit employment.

(2) A lawyer shall not solicit professional employment from a prospective client even when not otherwise prohibited by paragraph (1) if:

(a) The prospective client has made known to the lawyer a desire not to be solicited by the lawyer; or

(b) The solicitation involves coercion, duress or harassment.

(3) Every written or recorded communication from a lawyer soliciting professional employment from a prospective client known or reasonably believed to be in need of legal services in a particular matter, and with whom the lawyer has no family or prior professional relationship, shall conform to Rule 7.10 and, in addition must contain the words "THIS IS AN ADVERTISEMENT" prominently displayed in type at least as large as the type in the body of the letter, and the envelope or container in which such communication is transmitted shall contain the word "ADVERTISEMENT" in print at least as large as the name of the addressee on the side of the container upon which the address appears, and in the event of recorded telephone contact shall first state the language "THE FOLLOWING IS AN ADVERTISEMENT" and shall state at the end of the communication the language "THIS RECORDED TELEPHONE CALL HAS BEEN AN ADVERTISEMENT."

Adopted by Order 92-1, eff. 8-1-92

Ethics Opinions At This Website Citing This Rule

KBA E-369 and KBA E-403