Battle Born Injury Lawyers | May 13, 2025 | Personal Injury
If you were recently involved in a car accident, slip and fall, or other personal injury incident, you may have been approached by a lawyer offering to help you. You might welcome this assistance at first, but did you know that this might be unethical and a violation of the rules that govern attorneys?
Here is what you need to know about this issue:
The American Bar Association’s Ethical Rules on Attorney Solicitation
Each state’s lawyers are regulated by ethical rules. These rules vary in each jurisdiction, but many states base their rules on the American Bar Association’s Model Rules of Professional Conduct. These rules govern everything from attorney advertising, an attorney’s duty to their clients, the attorney-client privilege, referrals, and solicitation of clients.
The American Bar Association states that attorneys are prohibited from making live in-person contact with someone the lawyer knows or reasonably should know needs legal services in a particular matter and offers to provide them. There are exceptions, such as if the lawyer has a family or prior business relationship with the target of their contact.
Nevada’s Rules on Attorney Solicitation
Nevada’s relevant rule is even stricter, prohibiting attorneys from soliciting prospective business from someone in the position described above in person, by mail, by phone, in writing, or any other communication directed to the specific recipient. So, if a lawyer calls you after an accident, visits you in the hospital, or sends you a mailer knowing you were injured and they’re trying to get your business, they could be violating these ethical rules.
However, there are exceptions. For example, the family or prior business relationship exception applies here. Also, a lawyer could send a mailer to an accident victim after 30 days have elapsed since the accident.
Attorney Referrals
Attorneys sometimes refer cases to other attorneys. For example, a family lawyer might refer someone who was injured to a personal injury lawyer. These arrangements are typically permissible as long as they follow the relevant rules and provide necessary disclosures.
This typically requires that the lawyers have informed the clients of the referral and any fee generated from the referral. The client receives fee schedules showing any split in fees between the attorneys.
Prohibition on Capping
Nevada’s rules of professional conduct prohibit capping, which occurs when a non-legal person directs an injured person to a specific attorney for help. For example, a paramedic or tow truck driver may give out the attorney’s business card to injury victims they encounter. If these parties are paid for their referrals, this conduct is prohibited by the ethical rules.
This rule also extends to the lawyer who is benefiting from this arrangement, so they can be found to have violated ethical rules by having someone else solicit potential clients on their behalf.
Legal Effect of Prohibited Solicitation
So, what happens if you hired that attorney who visited you in the hospital or had a doctor give you their phone number in exchange for money? You have the right to void the contract so that you are not bound by it.
Attorneys who violate ethical rules are subject to various disciplinary measures, including a suspension of their legal license or being required to pay sanctions.
Contact the Las Vegas Personal Injury Attorneys at Battle Born Injury Lawyers Today
Illegal solicitation by lawyers, whether through in-person visits, phone calls, or unsolicited mailings, is prohibited by ethical rules and can have serious legal consequences. If you have been contacted in this manner, it’s important to know that you have the right to void any contract you may have signed with such a lawyer.
Attorneys who engage in unethical solicitation may face disciplinary actions, including suspension or financial penalties. If you need assistance with a personal injury case, ensure that you work with a lawyer who follows the ethical guidelines and protects your rights.
If you or a loved one were injured in an accident in Las Vegas and you need legal assistance, contact our personal injury attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.
Battle Born Injury Lawyers
400 S 4th St Suite 290,
Las Vegas, NV 89101
(702) 357-4868
Battle Born Injury Lawyers – Las Vegas Office
10789 W Twain Ave #100
Las Vegas, NV 89135
(702) 570-9000
Battle Born Injury Lawyers – Reno Office
675 W Moana Ln #206
Reno, NV 89509, USA
(775) 535-7768
Battle Born Injury Lawyers – Henderson Office
8540 S Eastern Ave #200
Henderson, NV 89123
(702) 500-0287
