---
title: "Solicitation (Ethics)"
type: Legal Term
source: https://casebriefly.com/legal-terms/solicitation-ethics
---

# Solicitation (Ethics)

Under Model Rule 7.3, solicitation occurs when a lawyer initiates direct, real-time contact with a prospective client for the purpose of obtaining professional employment when a significant motive is the lawyer's pecuniary gain. In-person and live telephone solicitation are generally prohibited because of the potential for overreaching, undue influence, and intimidation, particularly when the target is vulnerable. The Supreme Court in Ohralik v. Ohio State Bar Association (1978) upheld restrictions on in-person solicitation as consistent with the First Amendment, distinguishing it from advertising. Exceptions exist for contact with other lawyers, family members, close personal friends, and persons with whom the lawyer has a prior professional relationship.

## Related Terms

- advertising-legal
- fee-agreements
- pro-bono
- informed-consent-ethics

## Related Cases

- marbury-v-madison

## Example

An attorney who visits accident victims in the hospital to hand out business cards and pressure them into signing retainer agreements on the spot has engaged in prohibited solicitation under Rule 7.3.

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Source: [Solicitation (Ethics) — CaseBriefly](https://casebriefly.com/legal-terms/solicitation-ethics)