| Posted: 23 September 2008 at 4:25pm | IP Logged | 11
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"Either way, unless we presume all lawyers to behave criminally or unethically in the defense of their clients (or in the pursuit of a civil suit) then there is nothing wrong even with "ambulance chasers".
That's completely untrue. "Ambulance chasing" is not allowed as it violates Rule 7.3 of the American Bar Association Model Rules of Professional Conduct. "
Completely untrue? The restrictions cited are justified by the presumption that direct contact offers of legal services might lead to intentional or unintentional unethical misrepresentations.
Even then, the pursuit of business in itself is not wrong. And these restrictions seem to give people with little understanding of the law a severe disadvantage. I can understand the ethical concerns of the rule, but the idea that a person (unless already represented) must always seek representation that they may not know they need or might benefit from, rather than being offered it, seems contradictory to a lot of other principles in law.
Why should it be that the victim of negligence (for instance) is required to have a level of understanding of the law sufficient to fully understand that they are entitled to some sort of satisfaction, as well as the qualifications to know what kind of lawyer they need and where to find them in order to invoke their rights?
The rule seems to prohibit a lawyer from informing a person of their legal rights unless already contracted to do so. This analogy may be a bit of a stretch, but it's sort of like telling a doctor that he can't help somebody who is critically injured until they specifically ask him to.
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