State Bar of California Formal Opinion 2004-166

State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion 2004-166

Topic: Solicitation

Digest of the Committee:

While an attorney’s communication with a prospective fee-paying client in the mass disaster victims Internet chat room described herein is not a prohibited ‘solicitation’ within the meaning of subdivision (B) of rule 1-400, it violates subdivision (D)(5) of rule 1-400, which bans transmittal of communications that intrude or cause duress. Attorney’s communication would also be a presumed violation of Standard (3) to rule 1-400, which presumes improper any communication delivered to a prospective client whom the attorney knows may not have the requisite emotional or mental state to make a reasonable judgment about retaining counsel.”

Rules:  California Rule of Professional Conduct 1-400


The full text is available at…