Can attorneys solicit clients by text?

Have you ever heard of the term ambulance chasers? If you haven’t, it’s a phrase commonly referred to an attorney who solicits clients just after an accident. This practice of directly soliciting potential clients is prohibited by the Florida Bar and a violation of the Florida Rule of Ethics 4-7.4.  It is a violation to directly solicit a client via text message.

This Rule applies to all types of communication including e-mail, telephone or direct contact.

It does not, however, apply to attorneys who solicit professional employment from a prospective client with whom the lawyer has a family or prior professional relationship with.

This Rule also applies to people who work for attorneys or those who are directed to act on behalf of of an attorney. This prohibition on solicitation includes contact at emergency rooms, hospitals and clinics by persons offering a lawyer’s services.

Additionally, the Florida Rules of Ethics address the direct communication to prospective clients through advertising. An attorney cannot mail solicitation materials to a person involved in an accident until a period of 30 days has elapsed.  All advertisements from attorneys must be clearly designated as such.

No Attorney-Client Relationship or Legal Advice: Communication of information by, in, to or through this Website and your receipt or use of it: (1) is not provided in the course of and does not create or constitute an attorney-client relationship; (2) is not intended as a solicitation; (3) is not intended to convey or constitute legal advice; and (4) is not a substitute for obtaining legal advice from a qualified attorney.  You should not act upon any such information without first seeking qualified professional counsel on your specific matter.  The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements. Feel free to contact us if you need legal assistance.

Posted by

Legal Lotus, P.A. is a Miami-based law firm specializing in family law, civil litigation, and the drafting of contracts, partnerships, and wills.

Leave a Reply