I, as a lawyer, am often asked by a family member (or friend) of a prospective client (hereinafter “PC”) to call a PC and speak with the PC about the PC’s potential case. If a family member of a prospective client contacts a Florida lawyer, and the family member tells the Florida attorney that the prospective client wants to be called by the attorney, the attorney cannot call the prospective client. This would be considered solicitation.
A Florida attorney should tell anyone who asks him/her to call a potential client that the lawyer is not permitted to do so under the ethics rules. The Florida attorney can tell the friend or family member that the potential client should contact the lawyer directly instead to inquire about the lawyer’s services.
The same would apply if the person contacting the attorney were a friend or even another attorney. The Florida lawyer can ask the referring attorney to direct the person to contact you instead if they wish to inquire about your services. A Florida attorney is not entitled to a fee based on quantum meruit or any other basis if the attorney was retained by a client through solicitation. Spence, Payne, Masington & Grossman, P.A. v Philip M. Gerson P.A., 483 So. 2d 775 (Fla. 3d DCA 1986); Thomas v. Ratiner, 462 So. 2d 1157 (Fla. 3d DCA 1984)
Therefore, the only way a Florida lawyer can contact a prospective client upon the request of a friend or relative is by direct mail under Rule 4-7.4 (b), Rules Regulating The Florida Bar.
Rule 4-7.4(a) of the Rules Regulating The Florida Bar states:
(a) Solicitation. Except as provided in subdivision (b) of this rule, a lawyer shall not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship, in person or otherwise, when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain. A lawyer shall not permit employees or agents of the lawyer to solicit on the lawyer’s behalf. A lawyer shall not enter into an agreement for, charge, or collect a fee for professional employment obtained in violation of this rule. The term “solicit” includes contact in person, by telephone, telegraph, or facsimile, or by other communication directed to a specific recipient and includes (i) any written form of communication directed to a specific recipient and not meeting the requirements of subdivision (b) of this rule, and (ii) any electronic mail communication directed to a specific recipient and not meeting the requirements of subdivision (c) of rule 4-7.6.”
Although it may be tempting to call a prospective client before they have contacted you, you should not do so. Following this rule may save you from a Bar Complaint, as well as the loss of your attorney’s fee, and it may show the prospective client that you are ethical and follow the rules. This can strengthen your relationship with the client and may increase the chances that you have a happy client.