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This web site
constitutes an advertisement within the meaning of the Rules of
Professional Conduct ("RPC") governing the practice of lawyers in
the State of New Jersey. All advertisements
appearing on this web site are intended to comply with RPC 7.3.
The full text of RPC 7.3 appears below.
RPC 7.3 PERSONAL CONTACT WITH
PROSPECTIVE CLIENTS
(a) A lawyer may initiate personal contact
with a prospective client for the purpose of obtaining professional
employment, subject to the requirements of paragraph (b).
(b) A lawyer shall not contact, or send a
written communication to, a prospective client for the purpose of
obtaining professional employment if:
(1) the lawyer knows or reasonably should
know that the physical, emotional or mental state of the person is
such that the person could not exercise reasonable judgment in
employing a lawyer; or
(2) the person has made known to the
lawyer a desire not to receive communications from the lawyer;
(3) the communication involves
coercion, duress or harassment; or
(4) the communication involves
unsolicited direct contact with a prospective client within thirty
days after a specific mass-disaster event, when such contact
concerns potential compensation arising from the event; or
(5) the communication involves
unsolicited direct contact with a prospective client concerning a
specific event not covered by section (4) of this Rule when such
contact has pecuniary gain as a significant motive except that a
lawyer may send a letter by mail to a prospective client in such
circumstances provided the letter:
(i) bears the word "ADVERTISEMENT"
prominently displayed in capital letters at the top of the first
page of text; and
(ii) contains the following notice at
the bottom of the last page of text: "Before making your choice of
attorney, you should give this matter careful thought. The selection
of an attorney is an important decision."; and
(iii) contains an additional notice
also at the bottom of the last page of text that the recipient may,
if the letter is inaccurate or misleading, report same to the
Committee on Attorney Advertising, Hughes Justice Complex, CN 037,
Trenton, New Jersey 08625.
(c) A lawyer shall not knowingly assist an
organization that furnishes or pays for legal services to others to
promote the use of the lawyer's services or those of the lawyer's
partner, or associate, or any other lawyer affiliated with the
lawyer or the lawyer's firm, as a private practitioner, if
(1) the promotional activity involves use
of a statement or claim that is false or misleading within the
meaning of RPC 7.1; or
(2) the promotional activity involves
the use of coercion, duress, compulsion, intimidation, threats,
unwarranted promises of benefits, overreaching, or vexatious or
harassing conduct.
(d) A lawyer shall not compensate or give
anything of value to a person or organization to recommend or secure
the lawyer's employment by a client, or as a reward for having made
a recommendation resulting in the lawyer's employment by a client
except that the lawyer may pay for public communications permitted
by RPC 7.1 and the usual and reasonable fees or dues charged by a
lawyer referral service operated, sponsored, or approved by a bar
association.
(e) A lawyer shall not knowingly assist a
person or organization that furnishes or pays for legal services to
others to promote the use of the lawyer's services or those of the
lawyer's partner or associate or any other lawyer affiliated with
the lawyer or the lawyer's firm except as permitted by RPC 7.1.
However, this does not prohibit a lawyer or the lawyer's partner or
associate or any other lawyer affiliated with the lawyer or the
lawyer's firm from being recommended, employed or paid by or
cooperating with one of the following offices or organizations that
promote the use of the lawyer's services or those of the lawyer's
partner or associate or any other lawyer affiliated with the lawyer
or the lawyer's firm if there is no interference with the exercise
of independent professional judgment in behalf of the lawyer's
client:
(1) a legal aid office or public defender
office:
(i) operated or sponsored by a duly
accredited law school.
(ii) operated or sponsored by a bona
fide nonprofit community organization.
(iii) operated or sponsored by a
governmental agency.
(iv) operated, sponsored, or approved
by a bar association.
(2) a military legal assistance office.
(3) a lawyer referral service operated,
sponsored, or approved by a bar association.
(4) any bona fide organization that
recommends, furnishes or pays for legal services to its members or
beneficiaries provided the following conditions are satisfied:
(i) such organization, including any
affiliate, is so organized and operated that no profit is derived by
it from the furnishing, recommending or rendition of legal services
by lawyers and that, if the organization is organized for profit,
the legal services are not rendered by lawyers employed, directed,
supervised or selected by it except in connection with matters when
such organization bears ultimate liability of its member or
beneficiary.
(ii) neither the lawyer, nor the
lawyer's partner or associate or any other lawyer or nonlawyer
affiliated with the lawyer or the lawyer's firm directly or
indirectly who have initiated or promoted such organization shall
have received any financial or other benefit from such initiation or
promotion.
(iii) such organization is not operated
for the purpose of procuring legal work or financial benefit for any
lawyer as a private practitioner outside of the legal services
program of the organization.
(iv) the member or beneficiary to whom
the legal services are furnished, and not such organization, is
recognized as the client of the lawyer in the matter.
(v) any member or beneficiary who is
entitled to have legal services furnished or paid for by the
organization may, if such member or beneficiary so desires, and at
the member or beneficiary's own expense except where the
organization's plan provides for assuming such expense, select
counsel other than that furnished, selected or approved by the
organization for the particular matter involved. Nothing contained
herein, or in the plan of any organization that furnishes or pays
for legal services pursuant to this section, shall be construed to
abrogate the obligations and responsibilities of a lawyer to the
lawyer's client as set forth in these Rules.
(vi) the lawyer does not know or have
cause to know that such organization is in violation of applicable
laws, rules of court and other legal requirements that govern its
legal service operations.
(vii) such organization has first filed
with the Supreme Court and at least annually thereafter on the
appropriate form prescribed by the Court a report with respect to
its legal service plan. Upon such filing, a registration number will
be issued and should be used by the operators of the plan on all
correspondence and publications pertaining to the plan thereafter.
Such organization shall furnish any additional information requested
by the Supreme Court
(f) A lawyer shall not accept employment
when the lawyer knows or it is obvious that the person who seeks the
lawyer's services does so as a result of conduct prohibited under
this Rule.
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